Bill Text: IL HB3402 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Code of Civil Procedure. Provides that the privilege extended to members of the clergy shall not apply (i) when a member of the clergy is required to report child abuse or neglect pursuant to the Abused and Neglected Child Reporting Act, (ii) in a case involving domestic violence, or (iii) in a case involving violent criminal matters. Amends the Criminal Code of 2012. Exempts from the eavesdropping prohibitions recordings made under the reasonable suspicion that the person is committing, is about to commit, or has committed an act of abuse and that the recording will contain evidence of the abuse. Amends the Illinois Domestic Violence Act of 1986. Provides that all judges who preside over family law or domestic violence courtrooms, mandated reporters, victim assistance professionals, family law attorneys, family law mediators, court-appointed guardians ad litem, court-appointed child representatives, court-appointed therapists and counselors, and court-appointed experts who practice in the area of family law shall complete the Domestic Violence Foundation Training Course offered by the Illinois Coalition Against Domestic Violence. Provides that the clerk of the court shall provide to all petitioners seeking an order of protection resources and information on domestic violence and how to obtain assistance as a victim of domestic violence. Provides that, when determining whether to issue an order of protection, the court shall consider the law enforcement records relating to domestic violence committed by the respondent for a period of at least 10 years. Provides that if an order of protection is issued, the petitioner is entitled to attorney's fees incurred in bringing the petition. Provides that the Department of State Police shall maintain a complete and systematic record and index of all valid or expired and recorded orders of protection for a period of at least 20 years. Makes additional changes to provisions concerning: purposes and rules of construction; definitions; remedies; law enforcement recordkeeping; and the National Crime Information Center. Makes a corresponding change in the Abused and Neglected Child Reporting Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3402 Detail]
Download: Illinois-2019-HB3402-Introduced.html
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1 | AN ACT concerning domestic violence.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||
5 | amended by changing Section 4 as follows:
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6 | (325 ILCS 5/4)
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7 | Sec. 4. Persons required to report; privileged | |||||||||||||||||||
8 | communications;
transmitting false report. Any physician, | |||||||||||||||||||
9 | resident, intern, hospital,
hospital administrator
and | |||||||||||||||||||
10 | personnel engaged in examination, care and treatment of | |||||||||||||||||||
11 | persons, surgeon,
dentist, dentist hygienist, osteopath, | |||||||||||||||||||
12 | chiropractor, podiatric physician, physician
assistant, | |||||||||||||||||||
13 | substance abuse treatment personnel, funeral home
director or | |||||||||||||||||||
14 | employee, coroner, medical examiner, emergency medical | |||||||||||||||||||
15 | technician,
acupuncturist, crisis line or hotline personnel, | |||||||||||||||||||
16 | school personnel (including administrators and both certified | |||||||||||||||||||
17 | and non-certified school employees), personnel of institutions | |||||||||||||||||||
18 | of higher education, educational
advocate assigned to a child | |||||||||||||||||||
19 | pursuant to the School Code, member of a school board or the | |||||||||||||||||||
20 | Chicago Board of Education or the governing body of a private | |||||||||||||||||||
21 | school (but only to the extent required in accordance with | |||||||||||||||||||
22 | other provisions of this Section expressly concerning the duty | |||||||||||||||||||
23 | of school board members to report suspected child abuse), |
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1 | truant officers,
social worker, social services administrator,
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2 | domestic violence program personnel, registered nurse, | ||||||
3 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
4 | practitioner, advanced practice registered nurse, home
health | ||||||
5 | aide, director or staff
assistant of a nursery school or a | ||||||
6 | child day care center, recreational or athletic program
or | ||||||
7 | facility personnel, early intervention provider as defined in | ||||||
8 | the Early Intervention Services System Act, law enforcement | ||||||
9 | officer, licensed professional
counselor, licensed clinical | ||||||
10 | professional counselor, registered psychologist
and
assistants | ||||||
11 | working under the direct supervision of a psychologist,
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12 | psychiatrist, or field personnel of the Department of | ||||||
13 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
14 | Health, Human Services (acting as successor to the Department | ||||||
15 | of Mental
Health and Developmental Disabilities, | ||||||
16 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
17 | Rights, or Children and Family Services, supervisor and
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18 | administrator of general assistance under the Illinois Public | ||||||
19 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
20 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
21 | field investigator, or any other foster parent, homemaker or | ||||||
22 | child care worker
having reasonable cause to believe a child | ||||||
23 | known to them in their professional
or official capacity may be | ||||||
24 | an abused child or a neglected child shall
immediately report | ||||||
25 | or cause a report to be made to the Department.
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26 | Any member of the clergy having reasonable cause to believe |
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1 | that a child
known to that member of the clergy in his or her | ||||||
2 | professional capacity may be
an abused child as defined in item | ||||||
3 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
4 | Act shall immediately report or cause a report to be made to
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5 | the Department.
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6 | Any physician, physician's assistant, registered nurse, | ||||||
7 | licensed practical nurse, medical technician, certified | ||||||
8 | nursing assistant, social worker, or licensed professional | ||||||
9 | counselor of any office, clinic, or any other physical location | ||||||
10 | that provides abortions, abortion referrals, or contraceptives | ||||||
11 | having reasonable cause to believe a child known to him or her | ||||||
12 | in his or her professional
or official capacity may be an | ||||||
13 | abused child or a neglected child shall
immediately report or | ||||||
14 | cause a report to be made to the Department. | ||||||
15 | If an allegation is raised to a school board member during | ||||||
16 | the course of an open or closed school board meeting that a | ||||||
17 | child who is enrolled in the school district of which he or she | ||||||
18 | is a board member is an abused child as defined in Section 3 of | ||||||
19 | this Act, the member shall direct or cause the school board to | ||||||
20 | direct the superintendent of the school district or other | ||||||
21 | equivalent school administrator to comply with the | ||||||
22 | requirements of this Act concerning the reporting of child | ||||||
23 | abuse. For purposes of this paragraph, a school board member is | ||||||
24 | granted the authority in his or her individual capacity to | ||||||
25 | direct the superintendent of the school district or other | ||||||
26 | equivalent school administrator to comply with the |
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1 | requirements of this Act concerning the reporting of child | ||||||
2 | abuse.
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3 | Notwithstanding any other provision of this Act, if an | ||||||
4 | employee of a school district has made a report or caused a | ||||||
5 | report to be made to the Department under this Act involving | ||||||
6 | the conduct of a current or former employee of the school | ||||||
7 | district and a request is made by another school district for | ||||||
8 | the provision of information concerning the job performance or | ||||||
9 | qualifications of the current or former employee because he or | ||||||
10 | she is an applicant for employment with the requesting school | ||||||
11 | district, the general superintendent of the school district to | ||||||
12 | which the request is being made must disclose to the requesting | ||||||
13 | school district the fact that an employee of the school | ||||||
14 | district has made a report involving the conduct of the | ||||||
15 | applicant or caused a report to be made to the Department, as | ||||||
16 | required under this Act. Only the fact that an employee of the | ||||||
17 | school district has made a report involving the conduct of the | ||||||
18 | applicant or caused a report to be made to the Department may | ||||||
19 | be disclosed by the general superintendent of the school | ||||||
20 | district to which the request for information concerning the | ||||||
21 | applicant is made, and this fact may be disclosed only in cases | ||||||
22 | where the employee and the general superintendent have not been | ||||||
23 | informed by the Department that the allegations were unfounded. | ||||||
24 | An employee of a school district who is or has been the subject | ||||||
25 | of a report made pursuant to this Act during his or her | ||||||
26 | employment with the school district must be informed by that |
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1 | school district that if he or she applies for employment with | ||||||
2 | another school district, the general superintendent of the | ||||||
3 | former school district, upon the request of the school district | ||||||
4 | to which the employee applies, shall notify that requesting | ||||||
5 | school district that the employee is or was the subject of such | ||||||
6 | a report.
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7 | Whenever
such person is required to report under this Act | ||||||
8 | in his capacity as a member of
the staff of a medical or other | ||||||
9 | public or private institution, school, facility
or agency, or | ||||||
10 | as a member of the clergy, he shall
make report immediately to | ||||||
11 | the Department in accordance
with the provisions of this Act | ||||||
12 | and may also notify the person in charge of
such institution, | ||||||
13 | school, facility or agency, or church, synagogue, temple,
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14 | mosque, or other religious institution, or his
designated agent | ||||||
15 | that such
report has been made. Under no circumstances shall | ||||||
16 | any person in charge of
such institution, school, facility or | ||||||
17 | agency, or church, synagogue, temple,
mosque, or other | ||||||
18 | religious institution, or his
designated agent to whom
such | ||||||
19 | notification has been made, exercise any control, restraint, | ||||||
20 | modification
or other change in the report or the forwarding of | ||||||
21 | such report to the
Department.
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22 | The privileged quality of communication between any | ||||||
23 | professional
person required to report
and his patient or | ||||||
24 | client shall not apply to situations involving abused or
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25 | neglected children and shall not constitute grounds for failure | ||||||
26 | to report
as required by this Act or constitute grounds for |
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1 | failure to share information or documents with the Department | ||||||
2 | during the course of a child abuse or neglect investigation. If | ||||||
3 | requested by the professional, the Department shall confirm in | ||||||
4 | writing that the information or documents disclosed by the | ||||||
5 | professional were gathered in the course of a child abuse or | ||||||
6 | neglect investigation.
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7 | The reporting requirements of this Act shall not apply to | ||||||
8 | the contents of a privileged communication between an attorney | ||||||
9 | and his or her client or to confidential information within the | ||||||
10 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
11 | Conduct relating to the legal representation of an individual | ||||||
12 | client. | ||||||
13 | A member of the clergy may claim the privilege under | ||||||
14 | Section 8-803 of the
Code of Civil Procedure.
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15 | Any office, clinic, or any other physical location that | ||||||
16 | provides abortions, abortion referrals, or contraceptives | ||||||
17 | shall provide to all office personnel copies of written | ||||||
18 | information and training materials about abuse and neglect and | ||||||
19 | the requirements of this Act that are provided to employees of | ||||||
20 | the office, clinic, or physical location who are required to | ||||||
21 | make reports to the Department under this Act, and instruct | ||||||
22 | such office personnel to bring to the attention of an employee | ||||||
23 | of the office, clinic, or physical location who is required to | ||||||
24 | make reports to the Department under this Act any reasonable | ||||||
25 | suspicion that a child known to him or her in his or her | ||||||
26 | professional or official capacity may be an abused child or a |
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1 | neglected child. In addition to the above persons required to
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2 | report suspected cases of abused or neglected children, any | ||||||
3 | other person
may make a report if such person has reasonable | ||||||
4 | cause to believe a child
may be an abused child or a neglected | ||||||
5 | child.
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6 | Any person who enters into
employment on and after July 1, | ||||||
7 | 1986 and is mandated by virtue of that
employment to report | ||||||
8 | under this Act, shall sign a statement on a form
prescribed by | ||||||
9 | the Department, to the effect that the employee has knowledge
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10 | and understanding of the reporting requirements of this Act. On | ||||||
11 | and after January 1, 2019, the statement
shall also include | ||||||
12 | information about available mandated reporter training | ||||||
13 | provided by the Department. The statement
shall be signed prior | ||||||
14 | to commencement of the employment. The signed
statement shall | ||||||
15 | be retained by the employer. The cost of printing,
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16 | distribution, and filing of the statement shall be borne by the | ||||||
17 | employer.
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18 | Within one year of initial employment and at least every 5 | ||||||
19 | years thereafter, school personnel required to report child | ||||||
20 | abuse as provided under this Section must complete mandated | ||||||
21 | reporter training by a provider or agency with expertise in | ||||||
22 | recognizing and reporting child abuse. | ||||||
23 | The Department shall provide copies of this Act, upon | ||||||
24 | request, to all
employers employing persons who shall be | ||||||
25 | required under the provisions of
this Section to report under | ||||||
26 | this Act.
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1 | Any person who knowingly transmits a false report to the | ||||||
2 | Department
commits the offense of disorderly conduct under | ||||||
3 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
4 | A violation of this provision is a Class 4 felony.
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5 | Any person who knowingly and willfully violates any | ||||||
6 | provision of this
Section other than a second or subsequent | ||||||
7 | violation of transmitting a
false report as described in the
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8 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
9 | first violation and a Class
4 felony for a
second or subsequent | ||||||
10 | violation; except that if the person acted as part
of a plan or | ||||||
11 | scheme having as its object the
prevention of discovery of an | ||||||
12 | abused or neglected child by lawful authorities
for the
purpose | ||||||
13 | of protecting or insulating any person or entity from arrest or
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14 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
15 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
16 | offense (regardless of whether the second or subsequent offense
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17 | involves any
of the same facts or persons as the first or other | ||||||
18 | prior offense).
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19 | A child whose parent, guardian or custodian in good faith | ||||||
20 | selects and depends
upon spiritual means through prayer alone | ||||||
21 | for the treatment or cure of
disease or remedial care may be | ||||||
22 | considered neglected or abused, but not for
the sole reason | ||||||
23 | that his parent, guardian or custodian accepts and
practices | ||||||
24 | such beliefs.
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25 | A child shall not be considered neglected or abused solely | ||||||
26 | because the
child is not attending school in accordance with |
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1 | the requirements of
Article 26 of the School Code, as amended.
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2 | Nothing in this Act prohibits a mandated reporter who | ||||||
3 | reasonably believes that an animal is being abused or neglected | ||||||
4 | in violation of the Humane Care for Animals Act from reporting | ||||||
5 | animal abuse or neglect to the Department of Agriculture's | ||||||
6 | Bureau of Animal Health and Welfare. | ||||||
7 | A home rule unit may not regulate the reporting of child | ||||||
8 | abuse or neglect in a manner inconsistent with the provisions | ||||||
9 | of this Section. This Section is a limitation under subsection | ||||||
10 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
11 | the concurrent exercise by home rule units of powers and | ||||||
12 | functions exercised by the State. | ||||||
13 | For purposes of this Section "child abuse or neglect" | ||||||
14 | includes abuse or neglect of an adult resident as defined in | ||||||
15 | this Act. | ||||||
16 | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19 .)
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17 | Section 10. The Criminal Code of 2012 is amended by | ||||||
18 | changing Section 14-3 as follows:
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19 | (720 ILCS 5/14-3) | ||||||
20 | Sec. 14-3. Exemptions. The following activities shall be
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21 | exempt from the provisions of this Article: | ||||||
22 | (a) Listening to radio, wireless electronic | ||||||
23 | communications, and television communications of
any sort | ||||||
24 | where the same are publicly made; |
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1 | (b) Hearing conversation when heard by employees of any | ||||||
2 | common
carrier by wire incidental to the normal course of their | ||||||
3 | employment in
the operation, maintenance or repair of the | ||||||
4 | equipment of such common
carrier by wire so long as no | ||||||
5 | information obtained thereby is used or
divulged by the hearer; | ||||||
6 | (c) Any broadcast by radio, television or otherwise whether | ||||||
7 | it be a
broadcast or recorded for the purpose of later | ||||||
8 | broadcasts of any
function where the public is in attendance | ||||||
9 | and the conversations are
overheard incidental to the main | ||||||
10 | purpose for which such broadcasts are
then being made; | ||||||
11 | (d) Recording or listening with the aid of any device to | ||||||
12 | any
emergency communication made in the normal course of | ||||||
13 | operations by any
federal, state or local law enforcement | ||||||
14 | agency or institutions dealing
in emergency services, | ||||||
15 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
16 | services, fire fighting agencies, any public utility,
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17 | emergency repair facility, civilian defense establishment or | ||||||
18 | military
installation; | ||||||
19 | (e) Recording the proceedings of any meeting required to be | ||||||
20 | open by
the Open Meetings Act, as amended; | ||||||
21 | (f) Recording or listening with the aid of any device to | ||||||
22 | incoming
telephone calls of phone lines publicly listed or | ||||||
23 | advertised as consumer
"hotlines" by manufacturers or | ||||||
24 | retailers of food and drug products. Such
recordings must be | ||||||
25 | destroyed, erased or turned over to local law
enforcement | ||||||
26 | authorities within 24 hours from the time of such recording and
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1 | shall not be otherwise disseminated. Failure on the part of the | ||||||
2 | individual
or business operating any such recording or | ||||||
3 | listening device to comply with
the requirements of this | ||||||
4 | subsection shall eliminate any civil or criminal
immunity | ||||||
5 | conferred upon that individual or business by the operation of
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6 | this Section; | ||||||
7 | (g) With prior notification to the State's Attorney of the
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8 | county in which
it is to occur, recording or listening with the | ||||||
9 | aid of any device to any
conversation
where a law enforcement | ||||||
10 | officer, or any person acting at the direction of law
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11 | enforcement, is a party to the conversation and has consented | ||||||
12 | to it being
intercepted or recorded under circumstances where | ||||||
13 | the use of the device is
necessary for the protection of the | ||||||
14 | law enforcement officer or any person
acting at the direction | ||||||
15 | of law enforcement, in the course of an
investigation
of a | ||||||
16 | forcible felony, a felony offense of involuntary servitude, | ||||||
17 | involuntary sexual servitude of a minor, or trafficking in | ||||||
18 | persons under Section 10-9 of this Code, an offense involving | ||||||
19 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
20 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
21 | felony violation of the Cannabis Control Act, a felony | ||||||
22 | violation of the Methamphetamine Control and Community | ||||||
23 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
24 | felony as those terms are defined in the Illinois
Streetgang | ||||||
25 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
26 | involving any weapon listed in paragraphs (1) through (11) of |
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1 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
2 | evidence derived
as the
result of this exemption shall be | ||||||
3 | inadmissible in any proceeding, criminal,
civil or
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4 | administrative, except (i) where a party to the conversation | ||||||
5 | suffers great
bodily injury or is killed during such | ||||||
6 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
7 | witness concerning matters contained in
the interception or | ||||||
8 | recording. The Director of the
Department of
State Police shall | ||||||
9 | issue regulations as are necessary concerning the use of
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10 | devices, retention of tape recordings, and reports regarding | ||||||
11 | their
use; | ||||||
12 | (g-5) (Blank); | ||||||
13 | (g-6) With approval of the State's Attorney of the county | ||||||
14 | in which it is to occur, recording or listening with the aid of | ||||||
15 | any device to any conversation where a law enforcement officer, | ||||||
16 | or any person acting at the direction of law enforcement, is a | ||||||
17 | party to the conversation and has consented to it being | ||||||
18 | intercepted or recorded in the course of an investigation of | ||||||
19 | child pornography, aggravated child pornography, indecent | ||||||
20 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
21 | of a child, aggravated criminal sexual abuse in which the | ||||||
22 | victim of the offense was at the time of the commission of the | ||||||
23 | offense under 18 years of age, or criminal sexual abuse by | ||||||
24 | force or threat of force in which the victim of the offense was | ||||||
25 | at the time of the commission of the offense under 18 years of | ||||||
26 | age. In all such cases, an application for an order approving |
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1 | the previous or continuing use of an eavesdropping device must | ||||||
2 | be made within 48 hours of the commencement of such use. In the | ||||||
3 | absence of such an order, or upon its denial, any continuing | ||||||
4 | use shall immediately terminate. The Director of State Police | ||||||
5 | shall issue rules as are necessary concerning the use of | ||||||
6 | devices, retention of recordings, and reports regarding their | ||||||
7 | use.
Any recording or evidence obtained or derived in the | ||||||
8 | course of an investigation of child pornography, aggravated | ||||||
9 | child pornography, indecent solicitation of a child, luring of | ||||||
10 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
11 | sexual abuse in which the victim of the offense was at the time | ||||||
12 | of the commission of the offense under 18 years of age, or | ||||||
13 | criminal sexual abuse by force or threat of force in which the | ||||||
14 | victim of the offense was at the time of the commission of the | ||||||
15 | offense under 18 years of age shall, upon motion of the State's | ||||||
16 | Attorney or Attorney General prosecuting any case involving | ||||||
17 | child pornography, aggravated child pornography, indecent | ||||||
18 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
19 | of a child, aggravated criminal sexual abuse in which the | ||||||
20 | victim of the offense was at the time of the commission of the | ||||||
21 | offense under 18 years of age, or criminal sexual abuse by | ||||||
22 | force or threat of force in which the victim of the offense was | ||||||
23 | at the time of the commission of the offense under 18 years of | ||||||
24 | age be reviewed in camera with notice to all parties present by | ||||||
25 | the court presiding over the criminal case, and, if ruled by | ||||||
26 | the court to be relevant and otherwise admissible, it shall be |
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1 | admissible at the trial of the criminal case. Absent such a | ||||||
2 | ruling, any such recording or evidence shall not be admissible | ||||||
3 | at the trial of the criminal case; | ||||||
4 | (h) Recordings made simultaneously with the use of an | ||||||
5 | in-car video camera recording of an oral
conversation between a | ||||||
6 | uniformed peace officer, who has identified his or her office, | ||||||
7 | and
a person in the presence of the peace officer whenever (i) | ||||||
8 | an officer assigned a patrol vehicle is conducting an | ||||||
9 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
10 | activated or would otherwise be activated if not for the need | ||||||
11 | to conceal the presence of law enforcement. | ||||||
12 | For the purposes of this subsection (h), "enforcement stop" | ||||||
13 | means an action by a law enforcement officer in relation to | ||||||
14 | enforcement and investigation duties, including but not | ||||||
15 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
16 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
17 | roadside safety checks, requests for identification, or | ||||||
18 | responses to requests for emergency assistance; | ||||||
19 | (h-5) Recordings of utterances made by a person while in | ||||||
20 | the presence of a uniformed peace officer and while an occupant | ||||||
21 | of a police vehicle including, but not limited to, (i) | ||||||
22 | recordings made simultaneously with the use of an in-car video | ||||||
23 | camera and (ii) recordings made in the presence of the peace | ||||||
24 | officer utilizing video or audio systems, or both, authorized | ||||||
25 | by the law enforcement agency; | ||||||
26 | (h-10) Recordings made simultaneously with a video camera |
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1 | recording during
the use of a taser or similar weapon or device | ||||||
2 | by a peace officer if the weapon or device is equipped with | ||||||
3 | such camera; | ||||||
4 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
5 | (h-10) shall be retained by the law enforcement agency that | ||||||
6 | employs the peace officer who made the recordings for a storage | ||||||
7 | period of 90 days, unless the recordings are made as a part of | ||||||
8 | an arrest or the recordings are deemed evidence in any | ||||||
9 | criminal, civil, or administrative proceeding and then the | ||||||
10 | recordings must only be destroyed upon a final disposition and | ||||||
11 | an order from the court. Under no circumstances shall any | ||||||
12 | recording be altered or erased prior to the expiration of the | ||||||
13 | designated storage period. Upon completion of the storage | ||||||
14 | period, the recording medium may be erased and reissued for | ||||||
15 | operational use; | ||||||
16 | (i) Recording of a conversation made by or at the request | ||||||
17 | of a person, not a
law enforcement officer or agent of a law | ||||||
18 | enforcement officer, who is a party
to the conversation, under | ||||||
19 | reasonable suspicion that another party to the
conversation is | ||||||
20 | committing, is about to commit, or has committed a criminal
| ||||||
21 | offense against the person or a member of his or her immediate | ||||||
22 | household, and
there is reason to believe that evidence of the | ||||||
23 | criminal offense may be
obtained by the recording; | ||||||
24 | (i-5) Recordings made of a person under reasonable | ||||||
25 | suspicion that the person is committing, is about to commit, or | ||||||
26 | has committed an act of abuse as defined in Section 103 of the |
| |||||||
| |||||||
1 | Illinois Domestic Violence Act of 1986, and there is reason to | ||||||
2 | believe that evidence of the act of abuse may be obtained by | ||||||
3 | the recording; | ||||||
4 | (j) The use of a telephone monitoring device by either (1) | ||||||
5 | a
corporation or other business entity engaged in marketing or | ||||||
6 | opinion research
or (2) a corporation or other business entity | ||||||
7 | engaged in telephone
solicitation, as
defined in this | ||||||
8 | subsection, to record or listen to oral telephone solicitation
| ||||||
9 | conversations or marketing or opinion research conversations | ||||||
10 | by an employee of
the corporation or other business entity | ||||||
11 | when: | ||||||
12 | (i) the monitoring is used for the purpose of service | ||||||
13 | quality control of
marketing or opinion research or | ||||||
14 | telephone solicitation, the education or
training of | ||||||
15 | employees or contractors
engaged in marketing or opinion | ||||||
16 | research or telephone solicitation, or internal
research | ||||||
17 | related to marketing or
opinion research or telephone
| ||||||
18 | solicitation; and | ||||||
19 | (ii) the monitoring is used with the consent of at | ||||||
20 | least one person who
is an active party to the marketing or | ||||||
21 | opinion research conversation or
telephone solicitation | ||||||
22 | conversation being
monitored. | ||||||
23 | No communication or conversation or any part, portion, or | ||||||
24 | aspect of the
communication or conversation made, acquired, or | ||||||
25 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
26 | be, directly or indirectly, furnished to any law
enforcement |
| |||||||
| |||||||
1 | officer, agency, or official for any purpose or used in any | ||||||
2 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
3 | any administrative,
judicial, or other proceeding, or divulged | ||||||
4 | to any third party. | ||||||
5 | When recording or listening authorized by this subsection | ||||||
6 | (j) on telephone
lines used for marketing or opinion research | ||||||
7 | or telephone solicitation purposes
results in recording or
| ||||||
8 | listening to a conversation that does not relate to marketing | ||||||
9 | or opinion
research or telephone solicitation; the
person | ||||||
10 | recording or listening shall, immediately upon determining | ||||||
11 | that the
conversation does not relate to marketing or opinion | ||||||
12 | research or telephone
solicitation, terminate the recording
or | ||||||
13 | listening and destroy any such recording as soon as is | ||||||
14 | practicable. | ||||||
15 | Business entities that use a telephone monitoring or | ||||||
16 | telephone recording
system pursuant to this exemption (j) shall | ||||||
17 | provide current and prospective
employees with notice that the | ||||||
18 | monitoring or recordings may occur during the
course of their | ||||||
19 | employment. The notice shall include prominent signage
| ||||||
20 | notification within the workplace. | ||||||
21 | Business entities that use a telephone monitoring or | ||||||
22 | telephone recording
system pursuant to this exemption (j) shall | ||||||
23 | provide their employees or agents
with access to personal-only | ||||||
24 | telephone lines which may be pay telephones, that
are not | ||||||
25 | subject to telephone monitoring or telephone recording. | ||||||
26 | For the purposes of this subsection (j), "telephone |
| |||||||
| |||||||
1 | solicitation" means a
communication through the use of a | ||||||
2 | telephone by live operators: | ||||||
3 | (i) soliciting the sale of goods or services; | ||||||
4 | (ii) receiving orders for the sale of goods or | ||||||
5 | services; | ||||||
6 | (iii) assisting in the use of goods or services; or | ||||||
7 | (iv) engaging in the solicitation, administration, or | ||||||
8 | collection of bank
or
retail credit accounts. | ||||||
9 | For the purposes of this subsection (j), "marketing or | ||||||
10 | opinion research"
means
a marketing or opinion research | ||||||
11 | interview conducted by a live telephone
interviewer engaged by | ||||||
12 | a corporation or other business entity whose principal
business | ||||||
13 | is the design, conduct, and analysis of polls and surveys | ||||||
14 | measuring
the
opinions, attitudes, and responses of | ||||||
15 | respondents toward products and services,
or social or | ||||||
16 | political issues, or both; | ||||||
17 | (k) Electronic recordings, including but not limited to, a | ||||||
18 | motion picture,
videotape, digital, or other visual or audio | ||||||
19 | recording, made of a custodial
interrogation of an individual | ||||||
20 | at a police station or other place of detention
by a law | ||||||
21 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
22 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
23 | Procedure of 1963; | ||||||
24 | (l) Recording the interview or statement of any person when | ||||||
25 | the person
knows that the interview is being conducted by a law | ||||||
26 | enforcement officer or
prosecutor and the interview takes place |
| |||||||
| |||||||
1 | at a police station that is currently
participating in the | ||||||
2 | Custodial Interview Pilot Program established under the
| ||||||
3 | Illinois Criminal Justice Information Act; | ||||||
4 | (m) An electronic recording, including but not limited to, | ||||||
5 | a motion picture,
videotape, digital, or other visual or audio | ||||||
6 | recording, made of the interior of a school bus while the | ||||||
7 | school bus is being used in the transportation of students to | ||||||
8 | and from school and school-sponsored activities, when the | ||||||
9 | school board has adopted a policy authorizing such recording, | ||||||
10 | notice of such recording policy is included in student | ||||||
11 | handbooks and other documents including the policies of the | ||||||
12 | school, notice of the policy regarding recording is provided to | ||||||
13 | parents of students, and notice of such recording is clearly | ||||||
14 | posted on the door of and inside the school bus.
| ||||||
15 | Recordings made pursuant to this subsection (m) shall be | ||||||
16 | confidential records and may only be used by school officials | ||||||
17 | (or their designees) and law enforcement personnel for | ||||||
18 | investigations, school disciplinary actions and hearings, | ||||||
19 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
20 | prosecutions, related to incidents occurring in or around the | ||||||
21 | school bus; | ||||||
22 | (n)
Recording or listening to an audio transmission from a | ||||||
23 | microphone placed by a person under the authority of a law | ||||||
24 | enforcement agency inside a bait car surveillance vehicle while | ||||||
25 | simultaneously capturing a photographic or video image; | ||||||
26 | (o) The use of an eavesdropping camera or audio device |
| |||||||
| |||||||
1 | during an ongoing hostage or barricade situation by a law | ||||||
2 | enforcement officer or individual acting on behalf of a law | ||||||
3 | enforcement officer when the use of such device is necessary to | ||||||
4 | protect the safety of the general public, hostages, or law | ||||||
5 | enforcement officers or anyone acting on their behalf; | ||||||
6 | (p) Recording or listening with the aid of any device to | ||||||
7 | incoming telephone calls of phone lines publicly listed or | ||||||
8 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
9 | where the notice of recording is given at the beginning of each | ||||||
10 | call as required by Section 34-21.8 of the School Code. The | ||||||
11 | recordings may be retained only by the Chicago Police | ||||||
12 | Department or other law enforcement authorities, and shall not | ||||||
13 | be otherwise retained or disseminated; | ||||||
14 | (q)(1) With prior request to and written or verbal approval | ||||||
15 | of the State's Attorney of the county in which the conversation | ||||||
16 | is anticipated to occur, recording or listening with the aid of | ||||||
17 | an eavesdropping device to a conversation in which a law | ||||||
18 | enforcement officer, or any person acting at the direction of a | ||||||
19 | law enforcement officer, is a party to the conversation and has | ||||||
20 | consented to the conversation being intercepted or recorded in | ||||||
21 | the course of an investigation of a qualified offense. The | ||||||
22 | State's Attorney may grant this approval only after determining | ||||||
23 | that reasonable cause exists to believe that inculpatory | ||||||
24 | conversations concerning a qualified offense will occur with a | ||||||
25 | specified individual or individuals within a designated period | ||||||
26 | of time. |
| |||||||
| |||||||
1 | (2) Request for approval. To invoke the exception contained | ||||||
2 | in this subsection (q), a law enforcement officer shall make a | ||||||
3 | request for approval to the appropriate State's Attorney. The | ||||||
4 | request may be written or verbal; however, a written | ||||||
5 | memorialization of the request must be made by the State's | ||||||
6 | Attorney. This request for approval shall include whatever | ||||||
7 | information is deemed necessary by the State's Attorney but | ||||||
8 | shall include, at a minimum, the following information about | ||||||
9 | each specified individual whom the law enforcement officer | ||||||
10 | believes will commit a qualified offense: | ||||||
11 | (A) his or her full or partial name, nickname or alias; | ||||||
12 | (B) a physical description; or | ||||||
13 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
14 | any other supporting information known to the law | ||||||
15 | enforcement officer at the time of the request that gives | ||||||
16 | rise to reasonable cause to believe that the specified | ||||||
17 | individual will participate in an inculpatory conversation | ||||||
18 | concerning a qualified offense. | ||||||
19 | (3) Limitations on approval. Each written approval by the | ||||||
20 | State's Attorney under this subsection (q) shall be limited to: | ||||||
21 | (A) a recording or interception conducted by a | ||||||
22 | specified law enforcement officer or person acting at the | ||||||
23 | direction of a law enforcement officer; | ||||||
24 | (B) recording or intercepting conversations with the | ||||||
25 | individuals specified in the request for approval, | ||||||
26 | provided that the verbal approval shall be deemed to |
| |||||||
| |||||||
1 | include the recording or intercepting of conversations | ||||||
2 | with other individuals, unknown to the law enforcement | ||||||
3 | officer at the time of the request for approval, who are | ||||||
4 | acting in conjunction with or as co-conspirators with the | ||||||
5 | individuals specified in the request for approval in the | ||||||
6 | commission of a qualified offense; | ||||||
7 | (C) a reasonable period of time but in no event longer | ||||||
8 | than 24 consecutive hours; | ||||||
9 | (D) the written request for approval, if applicable, or | ||||||
10 | the written memorialization must be filed, along with the | ||||||
11 | written approval, with the circuit clerk of the | ||||||
12 | jurisdiction on the next business day following the | ||||||
13 | expiration of the authorized period of time, and shall be | ||||||
14 | subject to review by the Chief Judge or his or her designee | ||||||
15 | as deemed appropriate by the court. | ||||||
16 | (3.5) The written memorialization of the request for | ||||||
17 | approval and the written approval by the State's Attorney may | ||||||
18 | be in any format, including via facsimile, email, or otherwise, | ||||||
19 | so long as it is capable of being filed with the circuit clerk. | ||||||
20 | (3.10) Beginning March 1, 2015, each State's Attorney shall | ||||||
21 | annually submit a report to the General Assembly disclosing: | ||||||
22 | (A) the number of requests for each qualified offense | ||||||
23 | for approval under this subsection; and | ||||||
24 | (B) the number of approvals for each qualified offense | ||||||
25 | given by the State's Attorney. | ||||||
26 | (4) Admissibility of evidence. No part of the contents of |
| |||||||
| |||||||
1 | any wire, electronic, or oral communication that has been | ||||||
2 | recorded or intercepted as a result of this exception may be | ||||||
3 | received in evidence in any trial, hearing, or other proceeding | ||||||
4 | in or before any court, grand jury, department, officer, | ||||||
5 | agency, regulatory body, legislative committee, or other | ||||||
6 | authority of this State, or a political subdivision of the | ||||||
7 | State, other than in a prosecution of: | ||||||
8 | (A) the qualified offense for which approval was given | ||||||
9 | to record or intercept a conversation under this subsection | ||||||
10 | (q); | ||||||
11 | (B) a forcible felony committed directly in the course | ||||||
12 | of the investigation of the qualified offense for which | ||||||
13 | approval was given to record or intercept a conversation | ||||||
14 | under this subsection (q); or | ||||||
15 | (C) any other forcible felony committed while the | ||||||
16 | recording or interception was approved in accordance with | ||||||
17 | this subsection (q), but for this specific category of | ||||||
18 | prosecutions, only if the law enforcement officer or person | ||||||
19 | acting at the direction of a law enforcement officer who | ||||||
20 | has consented to the conversation being intercepted or | ||||||
21 | recorded suffers great bodily injury or is killed during | ||||||
22 | the commission of the charged forcible felony. | ||||||
23 | (5) Compliance with the provisions of this subsection is a | ||||||
24 | prerequisite to the admissibility in evidence of any part of | ||||||
25 | the contents of any wire, electronic or oral communication that | ||||||
26 | has been intercepted as a result of this exception, but nothing |
| |||||||
| |||||||
1 | in this subsection shall be deemed to prevent a court from | ||||||
2 | otherwise excluding the evidence on any other ground recognized | ||||||
3 | by State or federal law, nor shall anything in this subsection | ||||||
4 | be deemed to prevent a court from independently reviewing the | ||||||
5 | admissibility of the evidence for compliance with the Fourth | ||||||
6 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
7 | of the Illinois Constitution. | ||||||
8 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
9 | offenses. Whenever any private conversation or private | ||||||
10 | electronic communication has been recorded or intercepted as a | ||||||
11 | result of this exception that is not related to an offense for | ||||||
12 | which the recording or intercept is admissible under paragraph | ||||||
13 | (4) of this subsection (q), no part of the contents of the | ||||||
14 | communication and evidence derived from the communication may | ||||||
15 | be received in evidence in any trial, hearing, or other | ||||||
16 | proceeding in or before any court, grand jury, department, | ||||||
17 | officer, agency, regulatory body, legislative committee, or | ||||||
18 | other authority of this State, or a political subdivision of | ||||||
19 | the State, nor may it be publicly disclosed in any way. | ||||||
20 | (6.5) The Department of State Police shall adopt rules as | ||||||
21 | are necessary concerning the use of devices, retention of | ||||||
22 | recordings, and reports regarding their use under this | ||||||
23 | subsection (q). | ||||||
24 | (7) Definitions. For the purposes of this subsection (q) | ||||||
25 | only: | ||||||
26 | "Forcible felony" includes and is limited to those |
| |||||||
| |||||||
1 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
2 | 1961 as of the effective date of this amendatory Act of the | ||||||
3 | 97th General Assembly, and only as those offenses have been | ||||||
4 | defined by law or judicial interpretation as of that date. | ||||||
5 | "Qualified offense" means and is limited to: | ||||||
6 | (A) a felony violation of the Cannabis Control Act, | ||||||
7 | the Illinois Controlled Substances Act, or the | ||||||
8 | Methamphetamine Control and Community Protection Act, | ||||||
9 | except for violations of: | ||||||
10 | (i) Section 4 of the Cannabis Control Act; | ||||||
11 | (ii) Section 402 of the Illinois Controlled | ||||||
12 | Substances Act; and | ||||||
13 | (iii) Section 60 of the Methamphetamine | ||||||
14 | Control and Community Protection Act; and | ||||||
15 | (B) first degree murder, solicitation of murder | ||||||
16 | for hire, predatory criminal sexual assault of a child, | ||||||
17 | criminal sexual assault, aggravated criminal sexual | ||||||
18 | assault, aggravated arson, kidnapping, aggravated | ||||||
19 | kidnapping, child abduction, trafficking in persons, | ||||||
20 | involuntary servitude, involuntary sexual servitude of | ||||||
21 | a minor, or gunrunning. | ||||||
22 | "State's Attorney" includes and is limited to the | ||||||
23 | State's Attorney or an assistant State's Attorney | ||||||
24 | designated by the State's Attorney to provide verbal | ||||||
25 | approval to record or intercept conversations under this | ||||||
26 | subsection (q). |
| |||||||
| |||||||
1 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
2 | January 1, 2020. No conversations intercepted pursuant to this | ||||||
3 | subsection (q), while operative, shall be inadmissible in a | ||||||
4 | court of law by virtue of the inoperability of this subsection | ||||||
5 | (q) on January 1, 2020. | ||||||
6 | (9) Recordings, records, and custody. Any private | ||||||
7 | conversation or private electronic communication intercepted | ||||||
8 | by a law enforcement officer or a person acting at the | ||||||
9 | direction of law enforcement shall, if practicable, be recorded | ||||||
10 | in such a way as will protect the recording from editing or | ||||||
11 | other alteration. Any and all original recordings made under | ||||||
12 | this subsection (q) shall be inventoried without unnecessary | ||||||
13 | delay pursuant to the law enforcement agency's policies for | ||||||
14 | inventorying evidence. The original recordings shall not be | ||||||
15 | destroyed except upon an order of a court of competent | ||||||
16 | jurisdiction; and | ||||||
17 | (r) Electronic recordings, including but not limited to, | ||||||
18 | motion picture, videotape, digital, or other visual or audio | ||||||
19 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
20 | Criminal Procedure of 1963. | ||||||
21 | (Source: P.A. 100-572, eff. 12-29-17.)
| ||||||
22 | Section 15. The Code of Civil Procedure is amended by | ||||||
23 | changing Section 8-803 as follows:
| ||||||
24 | (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
|
| |||||||
| |||||||
1 | Sec. 8-803. Clergy. A clergyman or practitioner of any | ||||||
2 | religious denomination
accredited by the religious body to | ||||||
3 | which
he or she belongs, shall not be compelled to disclose in | ||||||
4 | any court, or to
any administrative board or agency, or to any | ||||||
5 | public officer, a confession
or admission made to him or her in | ||||||
6 | his or her professional character or
as a spiritual advisor in | ||||||
7 | the course of the discipline enjoined by the rules
or practices | ||||||
8 | of such religious body or of the religion which he or she | ||||||
9 | professes,
nor be compelled to divulge any information which | ||||||
10 | has been obtained by him
or her in such professional character | ||||||
11 | or as such spiritual advisor.
| ||||||
12 | This privilege shall not apply (i) when a member of the | ||||||
13 | clergy is required to report child abuse or neglect pursuant to | ||||||
14 | Section 4 of the Abused and Neglected Child Reporting Act, (ii) | ||||||
15 | in a case involving domestic violence pursuant to the Illinois | ||||||
16 | Domestic Violence Act of 1986, or (iii) in a case involving | ||||||
17 | violent criminal matters. | ||||||
18 | (Source: P.A. 82-280.)
| ||||||
19 | Section 20. The Illinois Domestic Violence Act of 1986 is | ||||||
20 | amended by changing Sections 102, 103, 214, and 302 and by | ||||||
21 | adding Sections 212.5, 213.4, and 302.5 as follows:
| ||||||
22 | (750 ILCS 60/102) (from Ch. 40, par. 2311-2)
| ||||||
23 | Sec. 102. Purposes ; rules of construction . This Act shall | ||||||
24 | be
liberally construed and applied to promote its underlying |
| |||||||
| |||||||
1 | purposes, which are
to:
| ||||||
2 | (1) Recognize that domestic violence is a serious offense | ||||||
3 | against individuals, families, and society that has serious | ||||||
4 | negative short-term and long-term effects on individuals and | ||||||
5 | families in this State, including post-traumatic stress | ||||||
6 | disorder, injuries, death, physical ailments, emotional | ||||||
7 | distress, trauma, divorce, homelessness, poverty, instability, | ||||||
8 | and emotionally and physically unhealthy children and adults | ||||||
9 | Recognize domestic violence as a serious crime against the
| ||||||
10 | individual and society which produces family disharmony in | ||||||
11 | thousands of
Illinois families,
promotes a pattern of | ||||||
12 | escalating violence which frequently culminates in
| ||||||
13 | intra-family homicide, and creates an emotional atmosphere | ||||||
14 | that is not
conducive to healthy childhood development ;
| ||||||
15 | (2) Recognize that domestic violence is a widespread | ||||||
16 | epidemic in our society; Recognize domestic violence against | ||||||
17 | high risk adults with
disabilities, who are particularly | ||||||
18 | vulnerable due to impairments in ability
to seek or obtain | ||||||
19 | protection, as a serious problem which takes on many
forms, | ||||||
20 | including physical abuse, sexual abuse, neglect, and | ||||||
21 | exploitation,
and facilitate accessibility of remedies under | ||||||
22 | the Act in order to provide
immediate and effective assistance | ||||||
23 | and protection.
| ||||||
24 | (3) Recognize that domestic violence, including emotional, | ||||||
25 | verbal, financial, physical, and sexual abuse, as defined by | ||||||
26 | the Illinois Coalition on Domestic Violence, is one of the main |
| |||||||
| |||||||
1 | causes of divorce Recognize that the legal system has
| ||||||
2 | ineffectively dealt with family violence in the past, allowing | ||||||
3 | abusers to
escape effective prosecution or financial | ||||||
4 | liability, and has not adequately
acknowledged the criminal | ||||||
5 | nature of domestic violence;
that, although many laws have | ||||||
6 | changed, in practice there is
still widespread failure to | ||||||
7 | appropriately protect and assist victims ;
| ||||||
8 | (4) Recognize that domestic violence is a pattern of | ||||||
9 | violent behavior that is repeated throughout the life of the | ||||||
10 | perpetrator, and that the best indicator of future behavior of | ||||||
11 | the perpetrator is the past behavior of the perpetrator Support | ||||||
12 | the efforts of victims of domestic violence to avoid further
| ||||||
13 | abuse by promptly entering and diligently enforcing court | ||||||
14 | orders which
prohibit abuse and, when necessary, reduce the | ||||||
15 | abuser's access to the
victim and
address any related issues of | ||||||
16 | child custody and economic
support, so that victims are not | ||||||
17 | trapped in abusive situations by fear of
retaliation, loss of a | ||||||
18 | child, financial dependence, or loss of
accessible housing or | ||||||
19 | services ;
| ||||||
20 | (5) Recognize that perpetrators of domestic violence often | ||||||
21 | travel from state to state to avoid legal consequences and to | ||||||
22 | avoid detection of past history of criminal records and orders | ||||||
23 | of protection; Clarify the responsibilities and support the | ||||||
24 | efforts of law
enforcement officers to provide immediate, | ||||||
25 | effective assistance and
protection for victims of domestic | ||||||
26 | violence, recognizing that law
enforcement officers often
|
| |||||||
| |||||||
1 | become the secondary victims of domestic violence, as evidenced | ||||||
2 | by the high
rates of police injuries and deaths that occur in | ||||||
3 | response to domestic violence
calls; and
| ||||||
4 | (6) Recognize that courts and law enforcement do not have | ||||||
5 | access to complete criminal records and order of protection | ||||||
6 | records; Expand the civil and criminal remedies for victims of | ||||||
7 | domestic
violence; including, when necessary, the remedies | ||||||
8 | which effect physical
separation of the parties to prevent | ||||||
9 | further abuse.
| ||||||
10 | (7) Recognize that many actual incidents of domestic | ||||||
11 | violence are not reported to law enforcement or the courts, and | ||||||
12 | that many actual incidents of domestic violence that are | ||||||
13 | reported do not lead to criminal convictions or incarceration | ||||||
14 | due to fear of the victims, pressure on the victims to refrain | ||||||
15 | from reporting or pressing charges, and lack of zealous | ||||||
16 | prosecution; | ||||||
17 | (8) Recognize that the court system has not had access to a | ||||||
18 | perpetrator's complete past criminal records, arrest records, | ||||||
19 | conviction records, and order of protection records when | ||||||
20 | determining whether to issue an order of protection; | ||||||
21 | (9) Recognize that the courts having access to and | ||||||
22 | considering a perpetrator's complete past criminal records, | ||||||
23 | arrest records, conviction records, and order of protection | ||||||
24 | records gives a more complete picture of the pattern of | ||||||
25 | domestic violence that is imperative to determining the threat | ||||||
26 | of future violent behavior and protecting the victim when |
| |||||||
| |||||||
1 | determining whether to issue an order of protection; | ||||||
2 | (10) Recognize that domestic violence is silenced and | ||||||
3 | misunderstood by much of the legal system, which has allowed | ||||||
4 | widespread failure in protecting victims of domestic violence; | ||||||
5 | (11) Recognize that perpetrators of abuse use the legal | ||||||
6 | system and court system to further emotional and financial | ||||||
7 | abuse upon their victims, and to force them to incur further | ||||||
8 | legal fees; | ||||||
9 | (12) Recognize that victims of domestic abuse find it | ||||||
10 | extremely difficult to provide sufficient evidence of abuse to | ||||||
11 | the court due to the current restrictive laws on recording; | ||||||
12 | (13) Recognize that judges who preside over family law or | ||||||
13 | domestic violence courtrooms, mandated reporters, victim | ||||||
14 | assistance professionals, family law attorneys, family law | ||||||
15 | mediators, court-appointed guardians ad litem, court-appointed | ||||||
16 | child representatives, court-appointed therapists and | ||||||
17 | counselors, and court-appointed experts who practice in the | ||||||
18 | area of family law are not currently required to undergo | ||||||
19 | domestic violence education; | ||||||
20 | (14) Recognize that domestic violence education for judges | ||||||
21 | who preside over family law or domestic violence courtrooms, | ||||||
22 | mandated reporters, victim assistance professionals, family | ||||||
23 | law attorneys, family law mediators, court-appointed guardians | ||||||
24 | ad litem, court-appointed child representatives, | ||||||
25 | court-appointed therapists and counselors, and court-appointed | ||||||
26 | experts who practice in the area of family law would assist |
| |||||||
| |||||||
1 | these professionals in his or her duties and would assist in | ||||||
2 | protecting victims of domestic violence. | ||||||
3 | (Source: P.A. 86-542; 87-1186.)
| ||||||
4 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
5 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
6 | following
terms shall have the following meanings:
| ||||||
7 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
8 | of a dependent,
interference with personal liberty or willful | ||||||
9 | deprivation but does not include
reasonable direction of a | ||||||
10 | minor child by a parent or person in loco parentis.
| ||||||
11 | (2) "Adult with disabilities" means an elder adult with | ||||||
12 | disabilities
or a high-risk adult with disabilities. A person | ||||||
13 | may be an adult with
disabilities for purposes of this Act even | ||||||
14 | though he or she has never been
adjudicated an incompetent | ||||||
15 | adult. However, no court proceeding may be
initiated or | ||||||
16 | continued on
behalf of an adult with disabilities over that | ||||||
17 | adult's objection, unless such
proceeding is approved by his or | ||||||
18 | her legal guardian, if any.
| ||||||
19 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
20 | (1).
| ||||||
21 | (4) "Elder adult with disabilities" means an adult | ||||||
22 | prevented by
advanced age from taking appropriate action to | ||||||
23 | protect himself or herself
from abuse by a family or household | ||||||
24 | member.
| ||||||
25 | (5) "Exploitation" means the illegal, including tortious, |
| |||||||
| |||||||
1 | use of a
high-risk adult with disabilities or of the assets or | ||||||
2 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
3 | includes, but is not
limited to, the misappropriation of assets | ||||||
4 | or resources of a high-risk
adult with disabilities by undue | ||||||
5 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
6 | deception, or extortion, or the use of such assets or
resources | ||||||
7 | in a manner contrary to law.
| ||||||
8 | (6) "Family or household members" include spouses, former | ||||||
9 | spouses,
parents, children, stepchildren and other persons | ||||||
10 | related by blood or
by present or prior marriage, persons
who | ||||||
11 | share or formerly shared a common dwelling, persons who have or
| ||||||
12 | allegedly have a child in common, persons who share or | ||||||
13 | allegedly share a
blood relationship through a child, persons | ||||||
14 | who have or have had a dating
or engagement relationship, | ||||||
15 | persons with disabilities and their
personal assistants, and | ||||||
16 | caregivers as defined in Section 12-4.4a of the Criminal Code | ||||||
17 | of 2012.
For purposes of this paragraph, neither a casual | ||||||
18 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
19 | individuals in business or social
contexts shall be deemed to | ||||||
20 | constitute a dating relationship.
In the case of a high-risk | ||||||
21 | adult with
disabilities, "family or household members" | ||||||
22 | includes any person
who has the responsibility for a high-risk | ||||||
23 | adult as a result of a family
relationship or who has assumed | ||||||
24 | responsibility for all or a portion of the
care of a high-risk | ||||||
25 | adult with disabilities voluntarily, or by express or
implied | ||||||
26 | contract, or by court order.
|
| |||||||
| |||||||
1 | (7) "Harassment" means knowing conduct which
is not | ||||||
2 | necessary to accomplish a purpose that is reasonable under the
| ||||||
3 | circumstances; would cause a reasonable person emotional | ||||||
4 | distress; and
does cause emotional distress to the petitioner.
| ||||||
5 | Unless the presumption is rebutted by a preponderance of the | ||||||
6 | evidence, the
following types of conduct shall be
presumed to | ||||||
7 | cause emotional distress:
| ||||||
8 | (i) creating a disturbance at petitioner's place of | ||||||
9 | employment or school;
| ||||||
10 | (ii) repeatedly telephoning petitioner's place of | ||||||
11 | employment, home or residence;
| ||||||
12 | (iii) repeatedly following petitioner about in a | ||||||
13 | public place or places;
| ||||||
14 | (iv) repeatedly keeping petitioner under surveillance | ||||||
15 | by remaining
present outside his or her
home, school, place | ||||||
16 | of employment, vehicle or other place occupied by
| ||||||
17 | petitioner or by peering in petitioner's windows;
| ||||||
18 | (v) improperly concealing a minor child from | ||||||
19 | petitioner, repeatedly
threatening to improperly remove a | ||||||
20 | minor child of petitioner's from
the jurisdiction or from | ||||||
21 | the physical care of petitioner,
repeatedly threatening to | ||||||
22 | conceal a minor
child from petitioner, or making
a single | ||||||
23 | such
threat following an actual or attempted improper | ||||||
24 | removal or concealment,
unless respondent was fleeing an | ||||||
25 | incident or pattern of domestic violence; or
| ||||||
26 | (vi) threatening physical force, confinement or |
| |||||||
| |||||||
1 | restraint on one or more occasions.
| ||||||
2 | (8) "High-risk adult with disabilities" means a person aged | ||||||
3 | 18 or over
whose physical or mental disability impairs his or | ||||||
4 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
5 | or exploitation.
| ||||||
6 | (8.5) "Household animal" means any animal owned, | ||||||
7 | possessed, leased, kept, or held by a person or a minor child | ||||||
8 | residing in the residence or household. | ||||||
9 | (9) "Interference with personal liberty" means committing | ||||||
10 | or
threatening physical abuse, harassment, intimidation or
| ||||||
11 | willful deprivation so as to
compel another to
engage in | ||||||
12 | conduct from which she or he has a right to abstain or to | ||||||
13 | refrain from conduct
in which she or he has a right to engage.
| ||||||
14 | (10) "Intimidation of a dependent" means subjecting a | ||||||
15 | person
who is dependent
because of
age, health or disability to | ||||||
16 | participation in or the witnessing of: physical force
against | ||||||
17 | another or physical confinement or restraint of another which
| ||||||
18 | constitutes physical abuse as defined in this Act, regardless | ||||||
19 | of whether the
abused person is a family or household member.
| ||||||
20 | (11) (A) "Neglect" means the failure to exercise that | ||||||
21 | degree of care
toward a high-risk adult with disabilities which | ||||||
22 | a reasonable person would
exercise under the circumstances and | ||||||
23 | includes but is not limited to:
| ||||||
24 | (i) the failure to take reasonable steps to protect a | ||||||
25 | high-risk adult
with disabilities from acts of abuse;
| ||||||
26 | (ii) the repeated, careless imposition of unreasonable |
| |||||||
| |||||||
1 | confinement;
| ||||||
2 | (iii) the failure to provide food, shelter, clothing, | ||||||
3 | and personal
hygiene to a high-risk adult with disabilities | ||||||
4 | who requires such assistance;
| ||||||
5 | (iv) the failure to provide medical and rehabilitative | ||||||
6 | care for the
physical and mental health needs of a | ||||||
7 | high-risk adult with disabilities; or
| ||||||
8 | (v) the failure to protect a high-risk adult with | ||||||
9 | disabilities from
health and safety hazards.
| ||||||
10 | (B) Nothing in this subsection (10) shall be construed to | ||||||
11 | impose a requirement that
assistance be provided to a high-risk | ||||||
12 | adult with disabilities over his or
her objection in the | ||||||
13 | absence of a court order, nor to create any new
affirmative | ||||||
14 | duty to provide support to a high-risk adult with disabilities.
| ||||||
15 | (12) "Order of protection" means an emergency order, | ||||||
16 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
17 | which includes any or
all of the remedies authorized by Section | ||||||
18 | 214 of this Act.
| ||||||
19 | (13) "Petitioner" may mean not only any named petitioner | ||||||
20 | for the order of
protection and any named victim of abuse on | ||||||
21 | whose behalf the petition
is brought, but also any other person | ||||||
22 | protected by this Act.
| ||||||
23 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
24 | of the following:
| ||||||
25 | (i) knowing or reckless use of physical force, | ||||||
26 | confinement or restraint;
|
| |||||||
| |||||||
1 | (ii) knowing, repeated and unnecessary sleep | ||||||
2 | deprivation; or
| ||||||
3 | (iii) knowing or reckless conduct which creates an | ||||||
4 | immediate
risk of physical harm.
| ||||||
5 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
6 | both physical presence and nonphysical contact with the | ||||||
7 | petitioner whether direct, indirect (including, but not | ||||||
8 | limited to, telephone calls, mail, email, faxes, and written | ||||||
9 | notes), or through third parties who may or may not know about | ||||||
10 | the order of protection.
| ||||||
11 | (15) "Willful deprivation" means wilfully denying a person | ||||||
12 | who
because of age, health or disability requires medication,
| ||||||
13 | medical care, shelter, accessible shelter or services, food,
| ||||||
14 | therapeutic device, or other physical
assistance, and thereby | ||||||
15 | exposing that person to the risk of physical,
mental or | ||||||
16 | emotional harm, except with regard to medical care or treatment
| ||||||
17 | when the dependent person has expressed an intent to forgo such | ||||||
18 | medical
care or treatment. This paragraph does not
create any | ||||||
19 | new affirmative duty to provide support to dependent persons.
| ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
21 | (750 ILCS 60/212.5 new) | ||||||
22 | Sec. 212.5. Domestic violence education and information. | ||||||
23 | (a) All judges who preside over family law or domestic | ||||||
24 | violence courtrooms, mandated reporters pursuant to Section 4 | ||||||
25 | of the Abused and Neglected Child Reporting Act, victim |
| |||||||
| |||||||
1 | assistance professionals, family law attorneys, family law | ||||||
2 | mediators, court-appointed guardians ad litem, court-appointed | ||||||
3 | child representatives, court-appointed therapists and | ||||||
4 | counselors, and court-appointed experts who practice in the | ||||||
5 | area of family law shall complete the Domestic Violence | ||||||
6 | Foundation Training Course offered by the Illinois Coalition | ||||||
7 | Against Domestic Violence. The Domestic Violence Foundation | ||||||
8 | Training Course shall include topics regarding physical, | ||||||
9 | emotional, and financial abuse, and a specific focus on how | ||||||
10 | emotional abuse affects children. | ||||||
11 | (b) For current judges and all other professionals | ||||||
12 | practicing on the effective date of this amendatory Act of the | ||||||
13 | 101st General Assembly, the Domestic Violence Foundation | ||||||
14 | Training Course shall be completed within 24 months of the | ||||||
15 | effective date of this amendatory Act of the 101st General | ||||||
16 | Assembly and every 5 years thereafter. | ||||||
17 | (c) For judges who are appointed or elected after the | ||||||
18 | effective date of this amendatory Act of the 101st General | ||||||
19 | Assembly, the Domestic Violence Foundation Training Course | ||||||
20 | shall be completed within 24 months of such appointment or | ||||||
21 | election and every 5 years thereafter. For professionals who | ||||||
22 | start after the effective date of this amendatory Act of the | ||||||
23 | 101st General Assembly, the Domestic Violence Foundation | ||||||
24 | Training Course shall be completed within 24 months of starting | ||||||
25 | practice in the area of family law or domestic violence and | ||||||
26 | every 5 years thereafter. |
| |||||||
| |||||||
1 | (d) The Illinois Coalition Against Domestic Violence shall | ||||||
2 | be deemed to be accredited by the State regulatory boards and | ||||||
3 | the Domestic Violence Foundation Training Course shall be | ||||||
4 | deemed to provide continuing education units by the appropriate | ||||||
5 | State regulatory boards in the various professional fields of | ||||||
6 | the professionals required to complete the course. | ||||||
7 | (e) All respondents against whom an order of protection is | ||||||
8 | issued shall be required to complete a 26-week intervention | ||||||
9 | program for domestic abuse and violence accredited by the | ||||||
10 | Illinois Coalition Against Domestic Violence or one of its | ||||||
11 | local members. | ||||||
12 | (f) The clerk of the court shall provide to all petitioners | ||||||
13 | seeking an order of protection, regardless of whether an order | ||||||
14 | of protection is issued, resources and information on domestic | ||||||
15 | violence and how to obtain assistance as a victim of domestic | ||||||
16 | violence, including, but not limited to: (i) contact | ||||||
17 | information for the nearest domestic violence victim support | ||||||
18 | organization, the Illinois Coalition Against Domestic | ||||||
19 | Violence, the National Domestic Violence Hotline, the local | ||||||
20 | police and State's Attorney, and local legal services clinic; | ||||||
21 | and (ii) information concerning the various forms of domestic | ||||||
22 | abuse, including emotional, verbal, financial, physical, | ||||||
23 | sexual, and spiritual abuse.
| ||||||
24 | (750 ILCS 60/213.4 new) | ||||||
25 | Sec. 213.4. Admissibility of images and recordings. A |
| |||||||
| |||||||
1 | photograph or electronic recording made of a respondent under | ||||||
2 | reasonable suspicion that the respondent is committing, is | ||||||
3 | about to commit, or has committed an act of abuse, and there is | ||||||
4 | reason to believe that evidence of the act of abuse may be | ||||||
5 | obtained by the photograph or electronic recording, shall be | ||||||
6 | permitted as evidence in a court hearing regarding an order of | ||||||
7 | protection, and is exempt from Article 14 of the Criminal Code | ||||||
8 | of 2012.
| ||||||
9 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
10 | Sec. 214. Order of protection; remedies.
| ||||||
11 | (a) Issuance of order. If the court finds that petitioner | ||||||
12 | has been
abused by a family or household member or that | ||||||
13 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
14 | or exploited, as defined in this Act,
an order of protection | ||||||
15 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
16 | provided that petitioner must also satisfy the requirements of
| ||||||
17 | one of the following Sections, as appropriate: Section 217 on | ||||||
18 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
19 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
20 | protection because petitioner or
respondent is a minor. The | ||||||
21 | court, when determining whether or not to issue
an order of | ||||||
22 | protection, shall not require physical manifestations of abuse
| ||||||
23 | on the person of the victim. Modification and extension of | ||||||
24 | prior
orders of protection shall be in accordance with this | ||||||
25 | Act.
|
| |||||||
| |||||||
1 | (1) The court, when determining whether to issue an | ||||||
2 | order of protection, shall consider the pattern of domestic | ||||||
3 | violence of the respondent, including, but not limited to, | ||||||
4 | the complete criminal record and the complete record of | ||||||
5 | orders of protection, including arrests, charges, | ||||||
6 | convictions, and orders of protection, in this State and | ||||||
7 | throughout the United States, for a period of at least 10 | ||||||
8 | years. At a minimum, the court shall consider the records | ||||||
9 | contained in the National Crime Information Center and the | ||||||
10 | Law Enforcement Agencies Data System in this State and all | ||||||
11 | other states for a period of at least 10 years. A prior | ||||||
12 | indication of abuse or violence, whether against the | ||||||
13 | petitioner or against another victim, shall be a | ||||||
14 | significant factor in favor of issuing an order of | ||||||
15 | protection. There is a rebuttable presumption, which may be | ||||||
16 | overcome by clear and convincing evidence, that there is a | ||||||
17 | significant likelihood that the perpetrator shall continue | ||||||
18 | his or her pattern of domestic violence and abuse in the | ||||||
19 | absence of an issued order of protection. | ||||||
20 | (2) The court, when determining whether to issue an | ||||||
21 | order of protection, shall liberally grant orders of | ||||||
22 | protection in line with the purposes of this Act to protect | ||||||
23 | the physical, financial, mental, and emotional health of | ||||||
24 | the victim. | ||||||
25 | (3) If an order of protection is issued, the petitioner | ||||||
26 | is entitled to attorney's fees incurred in bringing the |
| |||||||
| |||||||
1 | petition. | ||||||
2 | (b) Remedies and standards. The remedies to be included in | ||||||
3 | an order of
protection shall be determined in accordance with | ||||||
4 | this Section and one of
the following Sections, as appropriate: | ||||||
5 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
6 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
7 | subsection shall be in addition to other civil or
criminal | ||||||
8 | remedies available to petitioner.
| ||||||
9 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
10 | Prohibit
respondent's harassment, interference with | ||||||
11 | personal liberty, intimidation
of a dependent, physical | ||||||
12 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
13 | defined in this Act, or stalking of the petitioner, as | ||||||
14 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
15 | such abuse, neglect,
exploitation, or stalking has | ||||||
16 | occurred or otherwise appears likely to occur if
not | ||||||
17 | prohibited.
| ||||||
18 | (2) Grant of exclusive possession of residence. | ||||||
19 | Prohibit respondent from
entering or remaining in any | ||||||
20 | residence, household, or premises of the petitioner,
| ||||||
21 | including one owned or leased by respondent, if petitioner | ||||||
22 | has a right to
occupancy thereof. The grant of exclusive | ||||||
23 | possession of the residence, household, or premises shall | ||||||
24 | not
affect title to real property, nor shall the court be | ||||||
25 | limited by the standard
set forth in subsection (c-2) of | ||||||
26 | Section 501 of the Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage
Act.
| ||||||
2 | (A) Right to occupancy. A party has a right to | ||||||
3 | occupancy of a
residence or household if it is solely | ||||||
4 | or jointly owned or leased by that
party, that party's | ||||||
5 | spouse, a person with a legal duty to support that | ||||||
6 | party or
a minor child in that party's care, or by any | ||||||
7 | person or entity other than the
opposing party that | ||||||
8 | authorizes that party's occupancy (e.g., a domestic
| ||||||
9 | violence shelter). Standards set forth in subparagraph | ||||||
10 | (B) shall not preclude
equitable relief.
| ||||||
11 | (B) Presumption of hardships. If petitioner and | ||||||
12 | respondent
each has the right to occupancy of a | ||||||
13 | residence or household, the court
shall balance (i) the | ||||||
14 | hardships to respondent and any minor child or
| ||||||
15 | dependent adult in respondent's care resulting from | ||||||
16 | entry of this remedy with
(ii) the hardships to | ||||||
17 | petitioner and any minor child or dependent adult in
| ||||||
18 | petitioner's care resulting from continued exposure to | ||||||
19 | the risk of abuse
(should petitioner remain at the | ||||||
20 | residence or household) or from loss of
possession of | ||||||
21 | the residence or household (should petitioner leave to | ||||||
22 | avoid the
risk of abuse). When determining the balance | ||||||
23 | of hardships, the court shall
also take into account | ||||||
24 | the accessibility of the residence or household.
| ||||||
25 | Hardships need not be balanced if respondent does not | ||||||
26 | have a right to
occupancy.
|
| |||||||
| |||||||
1 | The balance of hardships is presumed to favor | ||||||
2 | possession by
petitioner unless the presumption is | ||||||
3 | rebutted by a preponderance of the
evidence, showing | ||||||
4 | that the hardships to respondent substantially | ||||||
5 | outweigh
the hardships to petitioner and any minor | ||||||
6 | child or dependent adult in
petitioner's care. The | ||||||
7 | court, on the request of petitioner or on its own
| ||||||
8 | motion, may order respondent to provide suitable, | ||||||
9 | accessible, alternate housing
for petitioner instead | ||||||
10 | of excluding respondent from a mutual residence or
| ||||||
11 | household.
| ||||||
12 | (3) Stay away order and additional prohibitions.
Order | ||||||
13 | respondent to stay away from petitioner or any other person
| ||||||
14 | protected by the order of protection, or prohibit | ||||||
15 | respondent from entering
or remaining present at | ||||||
16 | petitioner's school, place of employment, or other
| ||||||
17 | specified places at times when petitioner is present, or | ||||||
18 | both, if
reasonable, given the balance of hardships. | ||||||
19 | Hardships need not be balanced for
the court to enter a | ||||||
20 | stay away order or prohibit entry if respondent has no
| ||||||
21 | right to enter the premises.
| ||||||
22 | (A) If an order of protection grants petitioner | ||||||
23 | exclusive possession
of the residence, or prohibits | ||||||
24 | respondent from entering the residence,
or orders | ||||||
25 | respondent to stay away from petitioner or other
| ||||||
26 | protected persons, then the court may allow respondent |
| |||||||
| |||||||
1 | access to the
residence to remove items of clothing and | ||||||
2 | personal adornment
used exclusively by respondent, | ||||||
3 | medications, and other items as the court
directs. The | ||||||
4 | right to access shall be exercised on only one occasion | ||||||
5 | as the
court directs and in the presence of an | ||||||
6 | agreed-upon adult third party or law
enforcement | ||||||
7 | officer.
| ||||||
8 | (B) When the petitioner and the respondent attend | ||||||
9 | the same public, private, or non-public elementary, | ||||||
10 | middle, or high school, the court when issuing an order | ||||||
11 | of protection and providing relief shall consider the | ||||||
12 | severity of the act, any continuing physical danger or | ||||||
13 | emotional distress to the petitioner, the educational | ||||||
14 | rights guaranteed to the petitioner and respondent | ||||||
15 | under federal and State law, the availability of a | ||||||
16 | transfer of the respondent to another school, a change | ||||||
17 | of placement or a change of program of the respondent, | ||||||
18 | the expense, difficulty, and educational disruption | ||||||
19 | that would be caused by a transfer of the respondent to | ||||||
20 | another school, and any other relevant facts of the | ||||||
21 | case. The court may order that the respondent not | ||||||
22 | attend the public, private, or non-public elementary, | ||||||
23 | middle, or high school attended by the petitioner, | ||||||
24 | order that the respondent accept a change of placement | ||||||
25 | or change of program, as determined by the school | ||||||
26 | district or private or non-public school, or place |
| |||||||
| |||||||
1 | restrictions on the respondent's movements within the | ||||||
2 | school attended by the petitioner.
The respondent | ||||||
3 | bears the burden of proving by a preponderance of the | ||||||
4 | evidence that a transfer, change of placement, or | ||||||
5 | change of program of the respondent is not available. | ||||||
6 | The respondent also bears the burden of production with | ||||||
7 | respect to the expense, difficulty, and educational | ||||||
8 | disruption that would be caused by a transfer of the | ||||||
9 | respondent to another school. A transfer, change of | ||||||
10 | placement, or change of program is not unavailable to | ||||||
11 | the respondent solely on the ground that the respondent | ||||||
12 | does not agree with the school district's or private or | ||||||
13 | non-public school's transfer, change of placement, or | ||||||
14 | change of program or solely on the ground that the | ||||||
15 | respondent fails or refuses to consent or otherwise | ||||||
16 | does not take an action required to effectuate a | ||||||
17 | transfer, change of placement, or change of program.
| ||||||
18 | When a court orders a respondent to stay away from the | ||||||
19 | public, private, or non-public school attended by the | ||||||
20 | petitioner and the respondent requests a transfer to | ||||||
21 | another attendance center within the respondent's | ||||||
22 | school district or private or non-public school, the | ||||||
23 | school district or private or non-public school shall | ||||||
24 | have sole discretion to determine the attendance | ||||||
25 | center to which the respondent is transferred.
In the | ||||||
26 | event the court order results in a transfer of the |
| |||||||
| |||||||
1 | minor respondent to another attendance center, a | ||||||
2 | change in the respondent's placement, or a change of | ||||||
3 | the respondent's program, the parents, guardian, or | ||||||
4 | legal custodian of the respondent is responsible for | ||||||
5 | transportation and other costs associated with the | ||||||
6 | transfer or change. | ||||||
7 | (C) The court may order the parents, guardian, or | ||||||
8 | legal custodian of a minor respondent to take certain | ||||||
9 | actions or to refrain from taking certain actions to | ||||||
10 | ensure that the respondent complies with the order. In | ||||||
11 | the event the court orders a transfer of the respondent | ||||||
12 | to another school, the parents, guardian, or legal | ||||||
13 | custodian of the respondent is responsible for | ||||||
14 | transportation and other costs associated with the | ||||||
15 | change of school by the respondent. | ||||||
16 | (4) Counseling. Require or recommend the respondent to | ||||||
17 | undergo
counseling for a specified duration with a social | ||||||
18 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
19 | family service agency, alcohol or
substance abuse program, | ||||||
20 | mental health center guidance counselor, agency
providing | ||||||
21 | services to elders, program designed for domestic violence
| ||||||
22 | abusers or any other guidance service the court deems | ||||||
23 | appropriate. The Court may order the respondent in any | ||||||
24 | intimate partner relationship to report to an Illinois | ||||||
25 | Department of Human Services protocol approved partner | ||||||
26 | abuse intervention program for an assessment and to follow |
| |||||||
| |||||||
1 | all recommended treatment.
| ||||||
2 | (5) Physical care and possession of the minor child. In | ||||||
3 | order to protect
the minor child from abuse, neglect, or | ||||||
4 | unwarranted separation from the person
who has been the | ||||||
5 | minor child's primary caretaker, or to otherwise protect | ||||||
6 | the
well-being of the minor child, the court may do either | ||||||
7 | or both of the
following: (i) grant petitioner physical | ||||||
8 | care or possession of the minor child,
or both, or (ii) | ||||||
9 | order respondent to return a minor child to, or not remove | ||||||
10 | a
minor child from, the physical care of a parent or person | ||||||
11 | in loco parentis.
| ||||||
12 | If a court finds, after a hearing, that respondent has | ||||||
13 | committed abuse
(as defined in Section 103) of a minor | ||||||
14 | child, there shall be a
rebuttable presumption that | ||||||
15 | awarding physical care to respondent would not
be in the | ||||||
16 | minor child's best interest.
| ||||||
17 | (6) Temporary allocation of parental responsibilities: | ||||||
18 | significant decision-making. Award temporary | ||||||
19 | decision-making responsibility to petitioner
in accordance | ||||||
20 | with this Section, the Illinois Marriage and Dissolution of
| ||||||
21 | Marriage Act, the Illinois Parentage Act of 2015, and this | ||||||
22 | State's Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
23 | Act.
| ||||||
24 | If a court finds, after a hearing, that respondent has | ||||||
25 | committed abuse (as
defined in Section 103) of a minor | ||||||
26 | child, there shall be a rebuttable
presumption that |
| |||||||
| |||||||
1 | awarding temporary significant decision-making | ||||||
2 | responsibility to respondent would not be in
the child's | ||||||
3 | best interest.
| ||||||
4 | (7) Parenting time. Determine the parenting time, if | ||||||
5 | any, of respondent in
any case in which the court awards | ||||||
6 | physical care or allocates temporary significant | ||||||
7 | decision-making responsibility of
a minor child to | ||||||
8 | petitioner. The court shall restrict or deny respondent's | ||||||
9 | parenting time
with a minor child if the court finds that | ||||||
10 | respondent has done or is
likely to do any of the | ||||||
11 | following: (i) abuse or endanger the minor child during | ||||||
12 | parenting time; (ii) use the parenting time as an | ||||||
13 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
14 | family or household members; (iii) improperly
conceal or | ||||||
15 | detain the minor child; or (iv) otherwise act in a manner | ||||||
16 | that is
not in the best interests of the minor child. The | ||||||
17 | court shall not be limited
by the standards set forth in | ||||||
18 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
19 | Marriage Act. If the court grants parenting time, the order | ||||||
20 | shall
specify dates and times for the parenting time to | ||||||
21 | take place or other specific
parameters or conditions that | ||||||
22 | are appropriate. No order for parenting time shall
refer | ||||||
23 | merely to the term "reasonable parenting time".
| ||||||
24 | Petitioner may deny respondent access to the minor | ||||||
25 | child if, when
respondent arrives for parenting time, | ||||||
26 | respondent is under the influence of drugs
or alcohol and |
| |||||||
| |||||||
1 | constitutes a threat to the safety and well-being of
| ||||||
2 | petitioner or petitioner's minor children or is behaving in | ||||||
3 | a violent or
abusive manner.
| ||||||
4 | If necessary to protect any member of petitioner's | ||||||
5 | family or
household from future abuse, respondent shall be | ||||||
6 | prohibited from coming to
petitioner's residence to meet | ||||||
7 | the minor child for parenting time, and the
parties shall | ||||||
8 | submit to the court their recommendations for reasonable
| ||||||
9 | alternative arrangements for parenting time. A person may | ||||||
10 | be approved to
supervise parenting time only after filing | ||||||
11 | an affidavit accepting
that responsibility and | ||||||
12 | acknowledging accountability to the court.
| ||||||
13 | (8) Removal or concealment of minor child. Prohibit | ||||||
14 | respondent from
removing a minor child from the State or | ||||||
15 | concealing the child within the State.
| ||||||
16 | (9) Order to appear. Order the respondent to appear in | ||||||
17 | court, alone
or with a minor child, to prevent abuse, | ||||||
18 | neglect, removal or concealment of
the child, to return the | ||||||
19 | child to the custody or care of the petitioner or
to permit | ||||||
20 | any court-ordered interview or examination of the child or | ||||||
21 | the
respondent.
| ||||||
22 | (10) Possession of personal property. Grant petitioner | ||||||
23 | exclusive
possession of personal property and, if | ||||||
24 | respondent has possession or
control, direct respondent to | ||||||
25 | promptly make it available to petitioner, if:
| ||||||
26 | (i) petitioner, but not respondent, owns the |
| |||||||
| |||||||
1 | property; or
| ||||||
2 | (ii) the parties own the property jointly; sharing | ||||||
3 | it would risk
abuse of petitioner by respondent or is | ||||||
4 | impracticable; and the balance of
hardships favors | ||||||
5 | temporary possession by petitioner.
| ||||||
6 | If petitioner's sole claim to ownership of the property | ||||||
7 | is that it is
marital property, the court may award | ||||||
8 | petitioner temporary possession
thereof under the | ||||||
9 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
10 | proper proceeding has been filed under the Illinois | ||||||
11 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
12 | hereafter amended.
| ||||||
13 | No order under this provision shall affect title to | ||||||
14 | property.
| ||||||
15 | (11) Protection of property. Forbid the respondent | ||||||
16 | from taking,
transferring, encumbering, concealing, | ||||||
17 | damaging or otherwise disposing of
any real or personal | ||||||
18 | property, except as explicitly authorized by the
court, if:
| ||||||
19 | (i) petitioner, but not respondent, owns the | ||||||
20 | property; or
| ||||||
21 | (ii) the parties own the property jointly,
and the | ||||||
22 | balance of hardships favors granting this remedy.
| ||||||
23 | If petitioner's sole claim to ownership of the property | ||||||
24 | is that it is
marital property, the court may grant | ||||||
25 | petitioner relief under subparagraph
(ii) of this | ||||||
26 | paragraph only if a proper proceeding has been filed under |
| |||||||
| |||||||
1 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
2 | now or hereafter amended.
| ||||||
3 | The court may further prohibit respondent from | ||||||
4 | improperly using the
financial or other resources of an | ||||||
5 | aged member of the family or household
for the profit or | ||||||
6 | advantage of respondent or of any other person.
| ||||||
7 | (11.5) Protection of animals. Grant the petitioner the | ||||||
8 | exclusive care, custody, or control of any animal owned, | ||||||
9 | possessed, leased, kept, or held by either the petitioner | ||||||
10 | or the respondent or a minor child residing in the | ||||||
11 | residence or household of either the petitioner or the | ||||||
12 | respondent and order the respondent to stay away from the | ||||||
13 | animal and forbid the respondent from taking, | ||||||
14 | transferring, encumbering, concealing, harming, or | ||||||
15 | otherwise disposing of the animal.
| ||||||
16 | (12) Order for payment of support. Order respondent to | ||||||
17 | pay temporary
support for the petitioner or any child in | ||||||
18 | the petitioner's care or over whom the petitioner has been | ||||||
19 | allocated parental responsibility, when the respondent has | ||||||
20 | a legal obligation to support that person,
in accordance | ||||||
21 | with the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
22 | which shall govern, among other matters, the amount of
| ||||||
23 | support, payment through the clerk and withholding of | ||||||
24 | income to secure
payment. An order for child support may be | ||||||
25 | granted to a petitioner with
lawful physical care of a | ||||||
26 | child, or an order or agreement for
physical care of a |
| |||||||
| |||||||
1 | child, prior to entry of an order allocating significant | ||||||
2 | decision-making responsibility.
Such a support order shall | ||||||
3 | expire upon entry of a valid order allocating parental | ||||||
4 | responsibility differently and vacating the petitioner's | ||||||
5 | significant decision-making authority, unless otherwise | ||||||
6 | provided in the order.
| ||||||
7 | (13) Order for payment of losses. Order respondent to | ||||||
8 | pay petitioner for
losses suffered as a direct result of | ||||||
9 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
10 | include, but not be limited to, medical expenses, lost
| ||||||
11 | earnings or other support, repair or replacement of | ||||||
12 | property damaged or taken,
reasonable attorney's fees, | ||||||
13 | court costs and moving or other travel expenses,
including | ||||||
14 | additional reasonable expenses for temporary shelter and | ||||||
15 | restaurant
meals.
| ||||||
16 | (i) Losses affecting family needs. If a party is | ||||||
17 | entitled to seek
maintenance, child support or | ||||||
18 | property distribution from the other party
under the | ||||||
19 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
20 | now or
hereafter amended, the court may order | ||||||
21 | respondent to reimburse petitioner's
actual losses, to | ||||||
22 | the extent that such reimbursement would be | ||||||
23 | "appropriate
temporary relief", as authorized by | ||||||
24 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
25 | (ii) Recovery of expenses. In the case of an | ||||||
26 | improper concealment
or removal of a minor child, the |
| |||||||
| |||||||
1 | court may order respondent to pay the
reasonable | ||||||
2 | expenses incurred or to be incurred in the search for | ||||||
3 | and recovery
of the minor child, including but not | ||||||
4 | limited to legal fees, court costs,
private | ||||||
5 | investigator fees, and travel costs.
| ||||||
6 | (14) Prohibition of entry. Prohibit the respondent | ||||||
7 | from entering or
remaining in the residence or household | ||||||
8 | while the respondent is under the
influence of alcohol or | ||||||
9 | drugs and constitutes a threat to the safety and
well-being | ||||||
10 | of the petitioner or the petitioner's children.
| ||||||
11 | (14.5) Prohibition of firearm possession.
| ||||||
12 | (a) Prohibit a respondent against whom an order of | ||||||
13 | protection was issued from possessing any firearms | ||||||
14 | during the duration of the order if the order: | ||||||
15 | (1) was issued after a hearing of which such | ||||||
16 | person received
actual notice, and at which such | ||||||
17 | person had an opportunity to
participate; | ||||||
18 | (2) restrains such person from harassing, | ||||||
19 | stalking, or
threatening an intimate partner of | ||||||
20 | such person or child of such
intimate partner or | ||||||
21 | person, or engaging in other conduct that
would | ||||||
22 | place an intimate partner in reasonable fear of | ||||||
23 | bodily
injury to the partner or child; and | ||||||
24 | (3)(i) includes a finding that such person | ||||||
25 | represents a
credible threat to the physical | ||||||
26 | safety of such intimate partner
or child; or
(ii) |
| |||||||
| |||||||
1 | by its terms explicitly prohibits the use, | ||||||
2 | attempted
use, or threatened use of physical force | ||||||
3 | against such intimate
partner or child that would | ||||||
4 | reasonably be expected to cause
bodily injury. | ||||||
5 | Any Firearm Owner's Identification Card in the
| ||||||
6 | possession of the respondent, except as provided in | ||||||
7 | subsection (b), shall be ordered by the court to be | ||||||
8 | turned
over to the local law enforcement agency. The | ||||||
9 | local law enforcement agency shall immediately mail | ||||||
10 | the card to the Department of State Police Firearm | ||||||
11 | Owner's Identification Card Office
for safekeeping. | ||||||
12 | The court shall
issue a warrant for seizure of any | ||||||
13 | firearm in the possession of the respondent, to be kept | ||||||
14 | by the local law enforcement agency for safekeeping, | ||||||
15 | except as provided in subsection (b).
The period of | ||||||
16 | safekeeping shall be for the duration of the order of | ||||||
17 | protection. The firearm or firearms and Firearm | ||||||
18 | Owner's Identification Card, if unexpired, shall at | ||||||
19 | the respondent's request, be returned to the | ||||||
20 | respondent at the end
of the order of protection. It is | ||||||
21 | the respondent's responsibility to notify the | ||||||
22 | Department of State Police Firearm Owner's | ||||||
23 | Identification Card Office.
| ||||||
24 | (b) If the respondent is a peace officer as defined | ||||||
25 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
26 | shall order that any firearms used by the
respondent in |
| |||||||
| |||||||
1 | the performance of his or her duties as a
peace officer | ||||||
2 | be surrendered to
the chief law enforcement executive | ||||||
3 | of the agency in which the respondent is
employed, who | ||||||
4 | shall retain the firearms for safekeeping for the | ||||||
5 | duration of the order of protection.
| ||||||
6 | (c) Upon expiration of the period of safekeeping, | ||||||
7 | if the firearms or Firearm Owner's Identification Card | ||||||
8 | cannot be returned to respondent because respondent | ||||||
9 | cannot be located, fails to respond to requests to | ||||||
10 | retrieve the firearms, or is not lawfully eligible to | ||||||
11 | possess a firearm, upon petition from the local law | ||||||
12 | enforcement agency, the court may order the local law | ||||||
13 | enforcement agency to destroy the firearms, use the | ||||||
14 | firearms for training purposes, or for any other | ||||||
15 | application as deemed appropriate by the local law | ||||||
16 | enforcement agency; or that the firearms be turned over | ||||||
17 | to a third party who is lawfully eligible to possess | ||||||
18 | firearms, and who does not reside with respondent. | ||||||
19 | (15) Prohibition of access to records. If an order of | ||||||
20 | protection
prohibits respondent from having contact with | ||||||
21 | the minor child,
or if petitioner's address is omitted | ||||||
22 | under subsection (b) of
Section 203, or if necessary to | ||||||
23 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
24 | child, the order shall deny respondent access to, and
| ||||||
25 | prohibit respondent from inspecting, obtaining, or | ||||||
26 | attempting to
inspect or obtain, school or any other |
| |||||||
| |||||||
1 | records of the minor child
who is in the care of | ||||||
2 | petitioner.
| ||||||
3 | (16) Order for payment of shelter services. Order | ||||||
4 | respondent to
reimburse a shelter providing temporary | ||||||
5 | housing and counseling services to
the petitioner for the | ||||||
6 | cost of the services, as certified by the shelter
and | ||||||
7 | deemed reasonable by the court.
| ||||||
8 | (17) Order for injunctive relief. Enter injunctive | ||||||
9 | relief necessary
or appropriate to prevent further abuse of | ||||||
10 | a family or household member
or further abuse, neglect, or | ||||||
11 | exploitation of a high-risk adult with
disabilities or to | ||||||
12 | effectuate one of the granted remedies, if supported by the
| ||||||
13 | balance of hardships. If the harm to be prevented by the | ||||||
14 | injunction is abuse
or any other harm that one of the | ||||||
15 | remedies listed in paragraphs (1) through
(16) of this | ||||||
16 | subsection is designed to prevent, no further evidence is
| ||||||
17 | necessary that the harm is an irreparable injury.
| ||||||
18 | (18) Telephone services. | ||||||
19 | (A) Unless a condition described in subparagraph | ||||||
20 | (B) of this paragraph exists, the court may, upon | ||||||
21 | request by the petitioner, order a wireless telephone | ||||||
22 | service provider to transfer to the petitioner the | ||||||
23 | right to continue to use a telephone number or numbers | ||||||
24 | indicated by the petitioner and the financial | ||||||
25 | responsibility associated with the number or numbers, | ||||||
26 | as set forth in subparagraph (C) of this paragraph. For |
| |||||||
| |||||||
1 | purposes of this paragraph (18), the term "wireless | ||||||
2 | telephone service provider" means a provider of | ||||||
3 | commercial mobile service as defined in 47 U.S.C. 332. | ||||||
4 | The petitioner may request the transfer of each | ||||||
5 | telephone number that the petitioner, or a minor child | ||||||
6 | in his or her custody, uses. The clerk of the court | ||||||
7 | shall serve the order on the wireless telephone service | ||||||
8 | provider's agent for service of process provided to the | ||||||
9 | Illinois Commerce Commission. The order shall contain | ||||||
10 | all of the following: | ||||||
11 | (i) The name and billing telephone number of | ||||||
12 | the account holder including the name of the | ||||||
13 | wireless telephone service provider that serves | ||||||
14 | the account. | ||||||
15 | (ii) Each telephone number that will be | ||||||
16 | transferred. | ||||||
17 | (iii) A statement that the provider transfers | ||||||
18 | to the petitioner all financial responsibility for | ||||||
19 | and right to the use of any telephone number | ||||||
20 | transferred under this paragraph. | ||||||
21 | (B) A wireless telephone service provider shall | ||||||
22 | terminate the respondent's use of, and shall transfer | ||||||
23 | to the petitioner use of, the telephone number or | ||||||
24 | numbers indicated in subparagraph (A) of this | ||||||
25 | paragraph unless it notifies the petitioner, within 72 | ||||||
26 | hours after it receives the order, that one of the |
| |||||||
| |||||||
1 | following applies: | ||||||
2 | (i) The account holder named in the order has | ||||||
3 | terminated the account. | ||||||
4 | (ii) A difference in network technology would | ||||||
5 | prevent or impair the functionality of a device on | ||||||
6 | a network if the transfer occurs. | ||||||
7 | (iii) The transfer would cause a geographic or | ||||||
8 | other limitation on network or service provision | ||||||
9 | to the petitioner. | ||||||
10 | (iv) Another technological or operational | ||||||
11 | issue would prevent or impair the use of the | ||||||
12 | telephone number if the transfer occurs. | ||||||
13 | (C) The petitioner assumes all financial | ||||||
14 | responsibility for and right to the use of any | ||||||
15 | telephone number transferred under this paragraph. In | ||||||
16 | this paragraph, "financial responsibility" includes | ||||||
17 | monthly service costs and costs associated with any | ||||||
18 | mobile device associated with the number. | ||||||
19 | (D) A wireless telephone service provider may | ||||||
20 | apply to the petitioner its routine and customary | ||||||
21 | requirements for establishing an account or | ||||||
22 | transferring a number, including requiring the | ||||||
23 | petitioner to provide proof of identification, | ||||||
24 | financial information, and customer preferences.
| ||||||
25 | (E) Except for willful or wanton misconduct, a | ||||||
26 | wireless telephone service provider is immune from |
| |||||||
| |||||||
1 | civil liability for its actions taken in compliance | ||||||
2 | with a court order issued under this paragraph. | ||||||
3 | (F) All wireless service providers that provide | ||||||
4 | services to residential customers shall provide to the | ||||||
5 | Illinois Commerce Commission the name and address of an | ||||||
6 | agent for service of orders entered under this | ||||||
7 | paragraph (18). Any change in status of the registered | ||||||
8 | agent must be reported to the Illinois Commerce | ||||||
9 | Commission within 30 days of such change. | ||||||
10 | (G) The Illinois Commerce Commission shall | ||||||
11 | maintain the list of registered agents for service for | ||||||
12 | each wireless telephone service provider on the | ||||||
13 | Commission's website. The Commission may consult with | ||||||
14 | wireless telephone service providers and the Circuit | ||||||
15 | Court Clerks on the manner in which this information is | ||||||
16 | provided and displayed. | ||||||
17 | (c) Relevant factors; findings.
| ||||||
18 | (1) In determining whether to grant a specific remedy, | ||||||
19 | other than
payment of support, the court shall consider
| ||||||
20 | relevant factors, including but not limited to the | ||||||
21 | following:
| ||||||
22 | (i) the nature, frequency, severity, pattern and | ||||||
23 | consequences of the
respondent's past abuse, neglect | ||||||
24 | or exploitation within the last 10 years of the | ||||||
25 | petitioner or
any family or household member or | ||||||
26 | household animal , including the concealment of his or |
| |||||||
| |||||||
1 | her
location in order to evade service of process or | ||||||
2 | notice, and the likelihood of
danger of future abuse, | ||||||
3 | neglect, or exploitation to petitioner or any member of
| ||||||
4 | petitioner's or respondent's family or household or | ||||||
5 | household animal ; and
| ||||||
6 | (ii) the danger that any minor child will be abused | ||||||
7 | or neglected or
improperly relocated from the | ||||||
8 | jurisdiction, improperly concealed within the
State or | ||||||
9 | improperly separated from the child's primary | ||||||
10 | caretaker ; and .
| ||||||
11 | (iii) the nature, frequency, severity, pattern, | ||||||
12 | and consequences of the respondent's past abuse, | ||||||
13 | neglect, exploitation of, or criminal actions against, | ||||||
14 | any other person within the past 10 years, including, | ||||||
15 | but not limited to, another witness or another | ||||||
16 | petitioner or any of his or her family or household | ||||||
17 | members or household animals in another order of | ||||||
18 | protection that was issued against respondent in this | ||||||
19 | State or another state, and any criminal actions | ||||||
20 | involving the respondent, regardless of whether the | ||||||
21 | respondent's actions were directed against the | ||||||
22 | petitioner. | ||||||
23 | A prior indication of abuse or violence, whether | ||||||
24 | against the petitioner or against another victim, shall be | ||||||
25 | a significant factor in granting a specific remedy. There | ||||||
26 | is a rebuttable presumption, which may be overcome by clear |
| |||||||
| |||||||
1 | and convincing evidence, that there is a significant | ||||||
2 | likelihood that the perpetrator shall continue his or her | ||||||
3 | pattern of domestic violence and abuse in the absence of | ||||||
4 | the grant of a specific remedy. | ||||||
5 | The court, when determining whether to grant a specific | ||||||
6 | remedy, shall liberally grant remedies in line with the | ||||||
7 | purposes of this Act to protect the physical, financial, | ||||||
8 | mental, and emotional health of the victims. | ||||||
9 | (2) In comparing relative hardships resulting to the | ||||||
10 | parties from loss
of possession of the family home, the | ||||||
11 | court shall consider relevant
factors, including but not | ||||||
12 | limited to the following:
| ||||||
13 | (i) availability, accessibility, cost, safety, | ||||||
14 | adequacy, location and
other characteristics of | ||||||
15 | alternate housing for each party and any minor child
or | ||||||
16 | dependent adult in the party's care;
| ||||||
17 | (ii) the effect on the party's employment; and
| ||||||
18 | (iii) the effect on the relationship of the party, | ||||||
19 | and any minor
child or dependent adult in the party's | ||||||
20 | care, to family, school, church
and community.
| ||||||
21 | (3) Subject to the exceptions set forth in paragraph | ||||||
22 | (4) of this
subsection, the court shall make its findings | ||||||
23 | in an official record or in
writing, and shall at a minimum | ||||||
24 | set forth the following:
| ||||||
25 | (i) That the court has considered the applicable | ||||||
26 | relevant factors
described in paragraphs (1) and (2) of |
| |||||||
| |||||||
1 | this subsection.
| ||||||
2 | (ii) Whether the conduct or actions of respondent, | ||||||
3 | unless
prohibited, will likely cause irreparable harm | ||||||
4 | or continued abuse.
| ||||||
5 | (iii) Whether it is necessary to grant the | ||||||
6 | requested relief in order
to protect petitioner or | ||||||
7 | other alleged abused persons.
| ||||||
8 | (4) For purposes of issuing an ex parte emergency order | ||||||
9 | of protection,
the court, as an alternative to or as a | ||||||
10 | supplement to making the findings
described in paragraphs | ||||||
11 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
12 | the following procedure:
| ||||||
13 | When a verified petition for an emergency order of | ||||||
14 | protection in
accordance with the requirements of Sections | ||||||
15 | 203 and 217 is
presented to the court, the court shall | ||||||
16 | examine petitioner on oath or
affirmation. An emergency | ||||||
17 | order of protection shall be issued by the court
if it | ||||||
18 | appears from the contents of the petition and the | ||||||
19 | examination of
petitioner that the averments are | ||||||
20 | sufficient to indicate abuse by
respondent and to support | ||||||
21 | the granting of relief under the issuance of the
emergency | ||||||
22 | order of protection.
| ||||||
23 | (5) Never married parties. No rights or | ||||||
24 | responsibilities for a minor
child born outside of marriage | ||||||
25 | attach to a putative father until a father and
child | ||||||
26 | relationship has been established under the Illinois |
| |||||||
| |||||||
1 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
2 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
3 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
4 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
5 | Support Act, the Uniform Interstate Family Support
Act, the | ||||||
6 | Expedited Child Support Act of 1990, any judicial, | ||||||
7 | administrative, or
other act of another state or territory, | ||||||
8 | any other Illinois statute, or by any
foreign nation | ||||||
9 | establishing the father and child relationship, any other
| ||||||
10 | proceeding substantially in conformity with the Personal | ||||||
11 | Responsibility and
Work Opportunity Reconciliation Act of | ||||||
12 | 1996 (Pub. L. 104-193), or where both
parties appeared in | ||||||
13 | open court or at an administrative hearing acknowledging
| ||||||
14 | under
oath or admitting by affirmation the existence of a | ||||||
15 | father and child
relationship.
Absent such an | ||||||
16 | adjudication, finding, or acknowledgment, no putative
| ||||||
17 | father shall be granted
temporary allocation of parental | ||||||
18 | responsibilities, including parenting time with the minor | ||||||
19 | child, or
physical care and possession of the minor child, | ||||||
20 | nor shall an order of payment
for support of the minor | ||||||
21 | child be entered.
| ||||||
22 | (d) Balance of hardships; findings. If the court finds that | ||||||
23 | the balance
of hardships does not support the granting of a | ||||||
24 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
25 | subsection (b) of this Section,
which may require such | ||||||
26 | balancing, the court's findings shall so
indicate and shall |
| |||||||
| |||||||
1 | include a finding as to whether granting the remedy will
result | ||||||
2 | in hardship to respondent that would substantially outweigh the | ||||||
3 | hardship
to petitioner from denial of the remedy. The findings | ||||||
4 | shall be an official
record or in writing.
| ||||||
5 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
6 | based, in
whole or in part, on evidence that:
| ||||||
7 | (1) Respondent has cause for any use of force, unless | ||||||
8 | that cause
satisfies the standards for justifiable use of | ||||||
9 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
10 | (2) Respondent was voluntarily intoxicated;
| ||||||
11 | (3) Petitioner acted in self-defense or defense of | ||||||
12 | another, provided
that, if petitioner utilized force, such | ||||||
13 | force was justifiable under
Article 7 of the Criminal Code | ||||||
14 | of 2012;
| ||||||
15 | (4) Petitioner did not act in self-defense or defense | ||||||
16 | of another;
| ||||||
17 | (5) Petitioner left the residence or household to avoid | ||||||
18 | further abuse,
neglect, or exploitation by respondent;
| ||||||
19 | (6) Petitioner did not leave the residence or household | ||||||
20 | to avoid further
abuse, neglect, or exploitation by | ||||||
21 | respondent;
| ||||||
22 | (7) Conduct by any family or household member excused | ||||||
23 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
24 | that same conduct would have
excused such abuse, neglect, | ||||||
25 | or exploitation if the parties had not been
family or | ||||||
26 | household members.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, | ||||||
2 | eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
3 | 100-923, eff. 1-1-19 .)
| ||||||
4 | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| ||||||
5 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
6 | (a) All sheriffs shall furnish to the Department of State | ||||||
7 | Police, on the
same day as received, in the form and detail the | ||||||
8 | Department requires, copies of
any recorded emergency, | ||||||
9 | interim, or plenary orders of protection issued by the
court, | ||||||
10 | and any foreign orders of protection filed by the clerk of the | ||||||
11 | court,
and transmitted to the sheriff by the clerk of the court | ||||||
12 | pursuant to subsection
(b) of Section 222 of this Act. Each | ||||||
13 | order of protection shall be entered in
the Law Enforcement | ||||||
14 | Agencies Data System on the same day it
is issued by the court. | ||||||
15 | If an emergency order of protection was issued in
accordance | ||||||
16 | with subsection (c) of Section 217, the order shall be entered | ||||||
17 | in
the Law Enforcement Agencies Data System as soon as possible
| ||||||
18 | after receipt from the clerk.
| ||||||
19 | (b) The Department of State Police shall maintain a | ||||||
20 | complete and systematic
record and index of all valid or | ||||||
21 | expired and recorded orders of protection issued pursuant
to | ||||||
22 | this Act for a period of at least 20 years . The data shall be | ||||||
23 | used to inform all dispatchers and law
enforcement officers at | ||||||
24 | the scene of an alleged incident of abuse, neglect,
or | ||||||
25 | exploitation or violation of an order of protection of : (i) any |
| |||||||
| |||||||
1 | recorded prior
incident of abuse, neglect, or exploitation | ||||||
2 | involving the abused, neglected,
or exploited party and the | ||||||
3 | effective dates and terms of any recorded order of
protection , | ||||||
4 | and (ii) any recorded prior incident of abuse, neglect, or | ||||||
5 | exploitation involving the respondent of abuse, neglect, or | ||||||
6 | exploitation against other parties and the effective dates and | ||||||
7 | terms of any recorded order of protection. The data shall also | ||||||
8 | be used pursuant to paragraph (1) of subsection (a) of Section | ||||||
9 | 214 to inform the court in proceedings when determining whether | ||||||
10 | to issue an order of protection, and shall be used when | ||||||
11 | considering a pattern of abuse of (1) any recorded prior | ||||||
12 | incident of abuse, neglect, or exploitation involving the | ||||||
13 | abused, neglected, or exploited party and the effective dates | ||||||
14 | and terms of any recorded order of protection, and (2) any | ||||||
15 | recorded prior incident of abuse, neglect, or exploitation | ||||||
16 | involving the respondent engaging in abuse, neglect, or | ||||||
17 | exploitation against other parties and the effective dates and | ||||||
18 | terms of any recorded order of protection .
| ||||||
19 | (c) The data, records and transmittals required under this | ||||||
20 | Section shall
pertain to any valid emergency, interim or | ||||||
21 | plenary order of protection,
whether issued in a civil or | ||||||
22 | criminal proceeding or authorized under the laws
of another | ||||||
23 | state, tribe, or United States territory.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
25 | (750 ILCS 60/302.5 new) |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | Sec. 302.5. National Crime Information Center. | |||||||||||||||||||||||||
2 | (a) The data contained in the National Crime Information | |||||||||||||||||||||||||
3 | Center database shall be used to inform all dispatchers and law | |||||||||||||||||||||||||
4 | enforcement officers at the scene of an alleged incident of | |||||||||||||||||||||||||
5 | abuse, neglect, or exploitation or violation of an order of | |||||||||||||||||||||||||
6 | protection of (i) any prior criminal incident involving the | |||||||||||||||||||||||||
7 | abused, neglected, or exploited party, and (ii) any prior | |||||||||||||||||||||||||
8 | criminal incident involving the respondent. The data shall also | |||||||||||||||||||||||||
9 | be used pursuant to paragraph (1) of subsection (a) of Section | |||||||||||||||||||||||||
10 | 214 to inform the court in proceedings when determining whether | |||||||||||||||||||||||||
11 | to issue an order of protection, and shall be used when | |||||||||||||||||||||||||
12 | considering a pattern of abuse of (1) any prior criminal | |||||||||||||||||||||||||
13 | incident involving the abused, neglected, or exploited party, | |||||||||||||||||||||||||
14 | and (2) any prior criminal incident involving the respondent. | |||||||||||||||||||||||||
15 | (b) All criminal information meeting the criteria of the | |||||||||||||||||||||||||
16 | information gathered by the National Crime Information Center | |||||||||||||||||||||||||
17 | shall be provided to the National Crime Information Center for | |||||||||||||||||||||||||
18 | the database by the courts, State and local law enforcement | |||||||||||||||||||||||||
19 | agencies, and other State and local criminal justice agencies | |||||||||||||||||||||||||
20 | within 24 hours of receipt of the information.
| |||||||||||||||||||||||||
21 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
22 | becoming law.
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|